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Explanation of Significant Differences 

Residential Populated Areas, Operable Unit 9 

California Gulch Superfund Site 

Lake County, CO 

September 2009 
Explanation of SigniHcant Differences 

Residential and Commercial Populated Areas, Operable Unit 9 

California Gulch Superfund Site, Lake County, CO 

September 2009 

1. Introduction 

This Explanation of Significant Differences (ESD) presents the details of an addition to the 

remedy selected in the September 2, 1999 Record of Decision (ROD) for Residential Populated 

Areas, Operable Unit 9 (0U9), ofthe California Gulch Superfund Site (Site) in Lake County, 

CO. 

Operable Unit 9 includes those portions ofthe Site where the land use is residential or that are 

currently zoned as residential/populated areas and as low-density residential areas. Future land 

use of 0U9 is expected to continue to be residential. 

This ESD, prepared in accordance with Section 117(c) ofthe Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) and with Part 300, Section 435(c)(2)(i) 

of Title 40 ofthe Code of Federal Regulations, 40 CFR 300.435(c)(2)(i), documents significant 

differences to the ROD. This ESD documents the decision to require institutional controls for 17 

mine waste piles within 0U9. These mine waste piles have soils at the surface that are under the 

3500 mg/Kg lead residential action level but may have lead contamination at depth that exceeds 

the residential lead action level. This ESD does not change or alter any element ofthe Lake 

County Community Health Program (LCCHP). 

The U.S. Environmental Protection Agency (EPA) is the lead agency for this ESD. The State of 

Colorado, through the Colorado Department of Public Health and the Environment (CDPHE) is 

the support agency for this ESD. -^ 

2. Site History, Contamination, and Selected Remedy 

The Site is located 100 miles southwest of Denver in Lake County, Colorado. The Site covers 18 

square miles and includes the City of Leadville, various parts ofthe Leadville Historic Mining 

District and Stringtown. The Site also includes a section ofthe Arkansas River from the 

confluence of California Gulch to the confluence of Two-Bit Gulch. The Site was placed on the 

National Priorities List due to concerns about the impact of mine drainage on surface waters in 

California Gulch and the impact of heavy metals loading in the Arkansas River. 

Pursuant to a 1994 Consent Decree, EPA divided the Site into the 12 Operable Units (OUs). OUs 

1 through 11 were designated to facilitate source remediation and correspond with areas of 

responsibility. OUl2, which covers the entire Site, was designated to address Site-wide Surface 

and Groundwater. 
0U9 Residential Populated Areas, ofthe California Gulch site includes portions ofthe Site 

where the land use is residential or that are currently zoned as residential-populated areas and as 

low-density residential areas. Potentially impacted areas within 0U9 included residential yards, 

vacant lots, parks, school yards, playgrounds, and community use areas, including unpaved 

streets and alleys. In addition, 38 mine waste piles were identified within 0U9. 

The primary contaminant of concern for 0U9 is lead in soil, dust, paint, and water. The risk 

assessment determined the following action levels for the media of concern. 

Soil - . 3,500 mg/Kg 

Dust - 2,000 mg/Kg 

Paint - 6 mg/cm^ 

Tap Water - 15 micrograms/1 

An Engineering Evaluation/Cost Analysis was prepared in 1995 to evaluate removal action 

alternatives for the 38 mine waste piles identified in the populated areas within 0U9. During the 

Mine Remedial Investigation, 8 ofthe 38 piles were found to be stockpiles of construction 

materials or to not pose a threat to human health or the environment. However, one pile 

representing this group was evaluated with the remaining 30 piles as a control to confirm the 

EE/CA's findings. An Action Memorandum issued by the EPA in August 1996 selected a nontime-critical removal action requiring the removal of 14 piles with surface lead concentrations 

greater than 3,500 mg/Kg. Implementation of this removal action began in 1997 with the removal 

of four mine waste piles. The removal ofthe remaining ten mine waste piles was completed in 

1999. The material excavated from the mine waste piles was taken to a repository for disposal 

and the excavated area revegetated. 

The 0U9 ROD, signed on September 2, 1999, was primarily focused on describing the Lake -

County Community Health Program (LCCHP), the selected remedy for Operable Unit 9. The 

LCCHP did not address the mine waste piles in 0U9 because the ROD found that the selected 

removal actions for the 38 mine waste piles were consistent with the performance ofthe final 

remedial action selected for 0U9. Additionally, these removal actions were considered the final 

remedies for mine waste piles within 0U9. 

3. Basis for and Description of Significant Differences 

In one instance since the ROD, residential development occurred on one property where a mine 

waste pile (#207) was left in place in 0U9. The property owner contacted EPA before working 

on this mine waste pile. Prior sampling of this material showed subsurface lead levels near or 

exceeding the 3500 mg/Kg soil action level for 0U9 iri this property owner's mine waste pile. 

This alerted EPA and CDPHE that subsurface lead levels within the remaining 17 mine waste 

piles may be above the 3500 mg/Kg action level and that excavation or movement of these piles 

could present an unacceptable risk. As long as the piles were left undisturbed, the surface soils 

with lead levels less than the 3500 mg/Kg level act as an effective cap. 
EPA and CDPHE have determined that institutional controls are needed for the mine waste piles 

that were left in place within 0U9 to protect human health and the environment. The objectives 

of the institutional controls are as follows: 

1. Prevent construction of any type of residential dwelling or facility for human occupancy on the 

mine waste piles unless appropriate plans are approved by EPA or CDPHE; and 

2. Maintain the integrity of current or future remedies. 

The specific mine waste piles where institutional controls will be necessary are shown on the 

map in Appendix A, outlined in green (lead concentrations (Pb) < 2000 mg/Kg) and yellow (Pb > 

2000-3500 mg/Kg). Mine waste piles shovm in green (Pb < 2000 mg/Kg) include piles; 12, 23, 

31, 34, 36, 331, and 339. Mine waste piles shown in yellow (Pb < 2000-3500 mg/Kg) include 

piles: 13, 18, 20, 27, 32, 33, 35, 207, and 340. (Note: waste pile 329 (shown in green) is the 

control pile that contains construction materials.) 

Lake County recently amended its Land Use Code to provide specific protections for remedy 

elements in OUs 3 & 8 that EPA and CDPHE have identified as engineered remedies. Lake 

County has offered to extend those protections to 0U9. Since the top six inches ofthe mine 

waste piles were found to be below the residential action level, each pile's surface soil is acting 

in the manner of an engineered cap and does not represent a source of lead exposure. For 

purposes ofthe Lake County Land Use Code, these 17 mine waste piles will be designated as 

engineered remedies. Extending the Lake County Land Use Code provisions to 0U9 would meet 

the IC objectives set out above. 

4. Support Agency Comments 

CDPHE supports the EPA's decision to modify the remedy for the California Gulch 0U9. 

5. Statutory Determinations 

Under CERCLA Section 121, EPA must select a remedy that is protective of human health and 

the environment that complies with Applicable or Relevant and Appropriate Requirements 

(ARARS), and is cost effective. EPA believes that the modification to the ROD for the mine 

waste piles in 0U9 is appropriate and the remedy will remain protective of human health and the 

environment. The selected remedy will continue to comply with federal and state requirements 

that are applicable and relevant and appropriate to the remedial action. This ESD does not 

fundamentally alter the remedy selected in the ROD with respect to scope, performance or cost. 

Section 121 also states that EPA must select a remedy that uses permanent solutions, alternative 

treatment technologies, or resource recovery technologies to the maximum extent practicable. In 

addition, CERCLA prefers remedies that include treatment that permanently and significantly 

reduces the volume, toxicity, or mobility of hazardous wastes as a principal element ofthe 

remedy. For sites where hazardous substances, pollutants or contamination remain on-site, EPA 

must conduct five-year reviews consistent with the CERCLA and the NCP. The purpose ofthe 

five-year review is to determine whether the remedy being implemented at a site is protective of 

4 
human health and the environment. 

6. Public Participation Compliance 

EPA will publish a notice in the Herald Democrat newspaper that describes the ESD and its 

availability for review (under Section 117(c) of CERCLA, 42 U.S.C. Section 9617). A formal 

public comment period is not required when issuing an ESD. This ESD and all documents that 

support the changes and clarifications are contained in the Administrative Record ofthe 

California Gulch Superftind Site (under CFR 40, Section 300.435(c)(2)(i)). 

EPA will publish a notice of availability and a brief description ofthe ESD in the Leadville 

Herald Democrat. This ESD and supporting documents will become a part ofthe California 

Gulch Administrative Record file and information repository. 

Comprehensive information on the Site is available at the: 

U.S. EPA, Region 8, Superfimd Records Center 

1595 Wynkoop Street 

Denver, CO 80202-1120 

303.312.6473 or toll free 800.227.8917 

Viewing hours: 8:00 a.m. to 4:30 p.m., M-F, excluding holidays 

and 

Lake County Public Library 

1115 Harrison Avenue 

Leadville, CO 80461 

(719)486-0569 

7. References 

1987. California Gulch Remedial Investigation, Leadville, Colorado, CH2M Hill, May. 

1992. Soil Inventory and Map, California Gulch Study Area, Leadville, Colorado, Walsh and 

Associates, May. 

1993. Final Smelter Remedial Investigation Report, California Gulch Site, Leadville, Colorado, 

Walsh and Associates, April. 

1994. Final Soils Investigafion Data Report, California Gulch CERCLA Site, Leadville, 

Colorado, Volume 1, Text, Camp, Dresser and McKee, Inc. July. 

1994, Consent Decree between the United States, State of Colorado, ASARCO and Resurrection, 

Lodged in U.S. District Court in Denver, May 17,1994. 
ASARCO, 1994. Work Management Plan for ASARCO Inc. at the California Gulch NPL Site, 

Leadville CO. Prepared by Woodward Clyde. Appendix B to the Consent Decree. 

ASARCO, Incorporated, 1994. Engineering Evaluation/Cost Analysis for Parks and Playground 

Areas, Operable Unit 9, California Gulch, Leadville, Colorado. Prepared by Woodward Clyde 

Consultants, November. 

ASARCO, Incorporated, 1995. Engineering Evaluation/Cost Analysis for Mine Waste Piles, 

Operable Unit 9, California Gulch Superfund Site, Leadville, Colorado. Prepared by Golder 

Associates. December. 

ASARCO, Incorporated, 2001. Removal Action Completion Report, Operable Unit 9, California 

Gulch Superfund Site, Leadville, Colorado. Prepared by MFG, Inc. July. 

Environmental Protection Agency (EPA). 1''993. Final Screening Feasibility Study for 

Remediation Alternatives at the California Gulch NPL Site, Leadville, Colorado. September. 

Environmental Protection Agency (EPA). 1999. Record of Decision Residential Populated Areas 

Operable Unit 9 California Gulch Superfund Site, Leadville, Colorado. September. 

Caro narol L. Camnbell ^ Date / l L. Campbell Date 

Assistant Regional Administrator 

Office of Ecosystems Protection and Remediation 

U.S. EPA, Region 8 

Gary w! Baughman \J Date ^ 

Division Director 

Hazardous Materials and Waste Management Division 

Colorado Department of Public Health and Environment 

0 Printed on Recycled Paper