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FINA L u

 CULTURAL RESOURCES MITIGATION PLAN F OR SELECTED MINE WASTE PILES, L

 OPERABLE UNIT 9,

CALIFORNIA GULCH SUPERFUND SITE , L

 LAKE COUNTY, COLORADO

DAVID KILLAM

PREPARED UNDER THE SUPERVISION OF MARILYN MARTORANO, P.I.

Submitted to

Asarco, Inc.

495 East 51st Avenue Denver, CO 80216-2098

By Foothill Engineering Consultants, Inc.

350 Indiana Street, Suite 415 Golden, CO 80401 (303) 278-0622

email: fec@rmi.net

Foothill Engineering Consultants, Inc. Cultural Resources Report No. 31

September, 1997

(93-603)
Final Mitigation Plan Lake County, Colorado

TABLE OF CONTENTS

Section page

1.0 INTRODUCTION - PURPOSE AND NEED............................................................. 1

2.0 PROPOSED ACTIONS.............................................................................................. 3

3.0 DETERMINATION OF EFFECT ..............................................................................4

4.0 MITIGATION MEASURES.......................................................................................5

4.1 CONTRIBUTING LANDSCAPE FEATURES.................................................^

4.2 MITIGATION OF CONTRIBUTING RESOURCES ........................................5

4.3 INDIVIDUALLY ELIGIBLE PROPERTIES.................................................... 6

4.3.1 Site 5LK868-Coronado Mine...................................................................6

4.3.2 Site5LK875-TurbotMine........................................................................9

5.0 DISCOVERY DURING REMOVAL ACTIONS....................................................... 12

6.0 REFERENCES.........................................................................................................^

LIST OF TABLES Table Page Table 1. Management Summary................................................................................... 4 Table 2. Mitigation Summary..................................................................................... 11

LIST OF FIGURES Figures Page

1 Map of Mine Waste Piles, OU9...............................................................................2

2 Site 5LK868 - General Site Map............................................................................. 7

3 Site 5LK868 - Detail Site Map................................................................................ 8

4 Site 5LK875 - General Site Map........................................................................... 10

LIST OF APPENDICES Appendix A State Historic Preservation Officer Concurrence Letter B Lake County Historic Preservation Advisory Board Eligibility Review

Comments C EPA Eligibility Determination Letter D Lake County Board of County Commissioners Comments and Responses to Comments

E State Historic Preservation Officer Comments and Responses to Comments

D;\CULTURALM993W3-603\MV*UT.NEW
Final Mitigation Plan Lake County, Colorado

1 .0 INTRODUCTION - PURPOSE AND NEED

On August 15, 1996, the U.S. Environmental Protection Agency (EPA) issued an Action

Memorandum selecting the Removal (Response) Actions for remediation of Mine Waste

Rock Piles in Residential Populated Areas, Operable Unit 9 (OU 9) of the California

Gulch Superfun d Site. Based on the evaluation of alternatives contained in the

Engineering Evaluation/Cost Analysis (EE/CA[Golder 1995]), the Memorandum directs

Asarco to remove the mine waste rock piles that exceed 3,500 ppm lead within their

"area of responsibility" in OU 9. As a part of the Removal Action, EPA has directed

Asarco to prepare this plan to mitigate any adverse effect s to cultural resources as a

result of the Action.

Twenty three mine waste piles in OU 9 potentially requiring remediation were

examined and recorded by Foothill Engineering Consultants, Inc. (FEC) in 1995

(Figure 1). The results are documented in the report titled "Cultural Resources

Investigations of Selected Mine Waste Piles, Operable Unit 9, California Gulch

Superfun d Site, Lake County, Colorado." (Killam 1995). Archival research was

conducted to document periods of operation for the mines, and to establish if any of the

mines were associated with significant persons or events. A detailed description of the

physical remains and the results of the archival research for each resource are included

in the report; these are not repeated in this plan. Nineteen resources, comprised of the

23 mine waste piles, were recorded. Four of the resources were recommended as eligible

for the NRHP and/or contributing to the Leadville Historic Mining District, 5LK856,

(The District). The difference between the number of piles and the number of resources

reflects the fact that several resources contain more than one pile, i.e. the Coronado

Mine (5LK868) is comprised of pile #s 16,17, and 18.

In a January 12, 1996 correspondence to the EPA the State Historic Preservation Officer

(SHPO) presented an opinion that 15 of the recorded resources contribute to the District

(Appendix A). Section 106 of the National Historic Preservation Act (NHPA) clearly

places the responsibility for making eligibility determinations on the federal agency, in

O:\CULTURAL\1993\93-603\MWMrr.NEW
NORTH

SCAL E IN FEET \ r

*

250 500 1000

CUEKT/PROJECT

CALIFORNIA GULCH LEADVILLE, CO Denver, Colorado

TIT U MIN E WAST E PILE S

DRAWN RLB CHECKED REVIEWED DATE DEC 1994 I ^^ AS SHOWN P*

 N °-2B19B002 J OB NO.943-2819

D WG NO./REV.KO. B002

FWUR E

Figure 1. Map of Mine Waste Piles, OU9
Final Mitigation Plan Lake County, Colorado

this case EPA. With concurrence from the SHPO, EPA verbally determined that 15 of

the resources recorded during the inventory are considered contributing to the Leadville

Historic Mining District, 5LK856 (the District). Despite this verbal determination, the

EPA Action Memorandum, dated August 15,1996, included reference to only the four

originally recommended eligible and/or contributing resources. Written documentation

of EPA's determinations was received in December, 1996, when EPA agreed in writing

with the SHPO opinion on eligibility.

One of the 15 contributing resources, 5LK868 the Coronado Mine, is considered

individually eligible for listing on the National Register of Historic Places (NRHP), and

another, 5LK875, requires limited testing to determine individual eligibility. The

remaining resources are not individually eligible for the NRHP, but have been

determined to be contributing features of the landscape of the District. Table 1, Management Summary, lists all 23 waste piles examined and their corresponding

resource number, eligibility status and removal status. This plan includes the measures

necessary to mitigate adverse effect s to all resources scheduled for removal in

accordance with the Action Memorandum that have been determined to be (or

potentially be) eligible for the NRHP, and/or contributing to the District.

2 .0 PROPOSED ACTIONS

The Mine Waste EE/CA analyzed several remediation alternatives and recommended

removal of the waste piles as the preferred alternative to achieve the desired results in

the most cost efficien t manner (Golder 1995). The EPA Action Memorandum selected

this alternative for the removal action. Of the 15 piles determined eligible by EPA, 14

meet the criteria for the removal action.

O:\CU.TURALM 993\93-603\uwmrr.NEW
Final Mitigation Plan Lake County, Colorado

Table 1. Management Summary

L

MWP13

MWP14

MWP1 5

MWP16

MWP17

MWP18

MWP19

MWP20

MWP22

MWP24

MWP26

MWP27

MWP28

MWP32

MWP33

MWP35

MWP108

MWP109

MWP110

MWP11 1

MWP140

MWP207

MWP340

Estey Hibschle

Hibschle Coronado

Coronado

Coronado

Wolcott

Midas

Gray Eagle

Kent

Pocahontas

Stair/Lazy Bill

Starr

Pocahontas

Weldon

Midlan d

Turbot

Hope/Las t Chip Luzeme

Ypsilant i

Ypsilant i

Bohn

P.O.S.

iiiiiiiiii

5LK867

5LK878

5LK878

5LK868

5LK868

5LK868

5LK879

5LK869

5LK870

5LK871

5LK880

5LK881

5LK881

5LK872

5LK873

5LK874

5LK875

5LK882

5LK883

5LK884

5LK876

5LK885

5LK877

Non-Contributing Contributing Contributing

Eligible

Eligible

Eligible

Non-Contributing Contributing Contributing Contributing Contributing Non-Contributing Non-Contributing Contributing Contributing Contributing Potentially Eligible (Needs Data) Contributing Non-Contributing Contributing Contributing Contributing Contributing

No Action

Removal Removal

Removal

Removal

No Action

Removal

No Action

Removal

Removal

Removal

No Action

Removal

No Action

No Action

No Action

Removal

Removal

Removal

Removal

Removal

No Action

No Action

3 .0 DETERMINATION OF EFFECT

Under Section 106 of the NHPA, it is the responsibility of the agency (EPA) to conduct

the Assessment of Effect to determine what, if any, effect s the agency actions will have

on cultural resources. Only those resources determined to be (or potentially be)

individually eligible for the NBHP and/or contributing to the District and scheduled for

remedial action need to be assessed for effect . Resources determined not eligible for the

NRHP and/or not contributing to the District require no mitigation. An action is

considered to have an adverse effect when it changes those characteristics for which the

aVXHTURAL\1993\93403\MWMT.NEW
final Mitigation Plan Lake County, Colorado

. site is eligible (or potentially eligible). Thus, actions can be performed on a site and be

*•* considered to have no adverse effect , depending upon the specific action and site

; characteristics. In the case of the mine waste piles, EPA has not performed an

*- Assessment of Effec t prior to directing the PRP (Asarco) to prepare a mitigation plan.

. For purposes of this mitigation plan, it is assumed that the proposed actions would have

*- an adverse effec t on all eligible and contributing piles scheduled for removal.

L 4 .0 MITIGATION MEASURES

iL 4.1 CONTRIBUTING LANDSCAPE FEATURES

; The type of mitigation appropriate for a resource depends on the characteristics that

make it eligible and/or contributing. As discussed in the determination concurrence

letter from SHPO (Appendix A) and the opinions of the Lake County Historic

^" Preservation Advisory Board (Appendix B), the mine waste piles should be viewed in the

context of the overall landscape, since the majority of the features contribute visually to

— the District, and are not eligible individually. As the SHPO letter suggests, it is the

; ability of these sites to convey the "extent, types, and locations of mining activity in the

*• district" that make them contributing, and it is these characteristics that require

mitigation for adverse effect(s) . As such, it is not appropriate or necessary to consider

w

 mitigation individually; all of the resources have been previously documented

, individually. Mitigation should be conducted to address the landscape as a whole, and

*- document those attributes described by SHPO above.

i. 4.2 MITIGATION OF CONTRIBUTING RESOURCES

, The piles can be roughly separated into two groups, a north and south group. Pile #s 14,

^- 15, 16, 17, 19, 109, 110, 111 and 140 would be considered to be in the north group, while

* pile #s 22, 24, and 26 would be considered in the south group. To document the

*— landscape prior to the removal of the contributing mine waste piles, panoramic

photographs should be taken of each group, showing the extent and locations of the piles

i~ and their relationship to other landscape features. In addition, detailed photos of each

contributing pile should be produced. The photos should be taken from vantage points

MCUL1URAL\1993\93403\MWMIT.NEW
Final Mitigation Plan Lake County, Colorado

sufficient to show the piles as clearly as possible, and if possible, photos including all the

piles from both groups should be taken. Photos should be taken on black and white and

color film, and the b/w archivally processed, as per Athearn' s Level II documentation

(Athearn 1994). Detailed contour maps of all piles should be produced. All

photographic documentation, contour maps, written descriptions and previously

completed resource forms will be included in a Mitigation Document. Copies of the

Mitigation Document will be submitted to the to the State Historic Preservation Office

site files for archival preservation, as well as the Lake County Public Library, the EPA

and the Federal Archives and Records Center. The color photos would be available for

an interpretive display in a public facility such as the Mining Museum in Leadville.

4 .3 INDIVIDUALLY ELIGIBLE PROPERTIES

4.3.1 Site 5LK868-Coronado Mine

The Coronado Mine, 5LK868, has been determined individually eligible for the NRHP

under criterion A. The mine waste piles associated with this site are #16, #17, #18; only

#16 and #17 are included in the removal action. The features and piles recorded during

site documentation contribute to the ability of the site to convey the association with

significant events.

4.3.1.1 Coronado Mine Site Mitigation

Removal actions should avoid impacting the features in the southeast portion of the site,

which include the remains of the hoist platform, steam engine platform, boiler

foundations and other associated features (see Site Maps, Figures 2, 3). Removal of pile

#16 could be performed without disturbance of these features. This area should be

temporarily fenced during removal actions to avoid impacting the features, resulting in

no adverse effec t to these features. Photographs have been taken of pile #16, and will

serve as documentation of this landscape feature. The additional panoramic photos to

be taken of the composite landscape features should include pile #16 prior to removal.

Pile #18, virtually equal in size and volume to #16, will remain in place and will

continue to convey a sense of the magnitude of the mining operations that occurred at

the site.

D:VxiTURAL\1993\93-603\MV*trr.NEW
L

SIT E BOUNDAR Y

T WO TRACK ROAD

CORONAD O MINE - 5LK868

Foothtl l Engineering Consultants, Inc.

DATE:

8/95

SCALE:

l"-20m

FIGURE:

X

Figure 2. 5LK868 - General Site Map

7
33CT 3Sff I f f

920- A DATUM

Slf f

BRICK (PREDOMINANTLY RED)

IRON WALL BRACES F OR BRICK WALLS

C O3 WOOD MINING TIMBER S

x x x IRON TI E RODS

I

SLAG PIL E

BULLDOZER SWATH

CONCRET E

<:••"••'V ; - V h PIN K SANDSTON E

SIT E BOUNDAR Y

DEPRESSION '

_ J. — - APPROXIMATE 

~" CONTOUR

30ff

290T

28CT

HOIST PAD ? FEATURE 2

STEAM ENGINE / PAD? FEATURE 1

FEATURE 6 \

O-*—SIGN INDICATIN G "CORONADO MINE"

TELEPHONE POLE A ND LIGHT POST

ana

CORONAD O MIN E

foothil l Engin««ring Consultants , Inc.

DATE:

7/95

SCALE:

" = 10m

FIGURE:

X

Figure 3. 5LK868 - Detailed Site Map
Final Mitigation Flan Lake County, Colorado

Pile #17 is physically and visually removed from the features of 5LK868 by a modern,

i- paved road. While this pile is reportedly associated with the Coronado, observers of this

, pile have no indication that the Coronado Mine was responsible for the pile; it is not tied

i

i- to the other portions of 5LK868 in any way. In addition, approximately one third of the

pile has been previously removed, altering the original historic size, shape and volume

•— of the pile. No mitigation in addition to the panoramic landscape photos is required for

pile #17.

La An interpretive plaque or sign that includes photographs of all the associated waste

> piles at the site prior to removal actions could be placed at a public facility, such as the

!_• Mining Museum, to document the physical remains and significant events (especially

the 1896 Miners Strike) associated with the site. An identification sign is already in

place at the site, and placement of additional interpretive material at the site is not

i recommended; it would draw attention to the features and materials in situ, and may u

result in increased site vandalism, since the site is unprotected. In addition,

i unsupervised site visitation as a result of on-site interpretation could cause legal

(liability) concerns, since the site is privately, not publicly owned.

>« The history of the Coronado Mine has been researched and documented extensively and

no further archival/historical research is recommended.

!L.

4.3.2 Site 5LK875-Turbot Mine

; 5LK875, the remains of the Turbot Mine, consists of mine waste pile #108. During the h»

site documentation process, the presence of vandal' s (probably bottle collectors) holes

was noted on the northwest side of the pile (see Site Map, Figure 4). The holes and

associated materials indicate a potential for additional intact subsurface deposits of

materials, despite the existing disturbances. EPA determined, and SHPO concurred

(see Appendix A), that 5LK875 is potentially eligible, pending additional testing to

| determine if intact subsurface materials are present. The presence of such materials

i_

could yield additional information on the historic use of the area, and may be related to

• the operation of the mine, or represent domestic occupation of the location, possibly predating the mining operation.

n\CUlTURAL\1993\93-603\MWMrT.NEW 9
L

SHAFT / DEPRESSION '

SITE BOUNDARY

ARTIFACT CONCENTRATION

\ \

AREA 108 5LK875

Foothil l Engineering Consultants. Inc. Figure 4. Site 5LK875 - Site Map
Final Mitigation Plan Lake County, Colorado

4.3.2.1 Turbot Mine Site Testin g and Mitigation

Testing should be conducted to determine if intact subsurface materials exist within the

site boundaries, and to document the nature of the deposits (i.e. horizontal and vertical

extent, dates and function of materials, social/ethnic affiliation, etc.). One controlled

test unit (1m X 1m), or a series of shovel tests, should be conducted in the vicinity of the

vandal' s holes, along the northwest side of the pile. If testing indicates that subsurface

materials are not present, this feature would be considered a contributing landscape

feature but not individually eligible, and mitigation would be included with the

mitigation of the other landscape features (see 4.2). If the testing indicates that intact

subsurface materials do exist, this area should be avoided during removal actions.

Positive testing results may indicate the presence of materials below the waste pile as

well. Monitoring of the pile removal, as recommended in the Monitoring discussion of

this plan, should be conducted at 5LK875 regardless of the testing results. If avoidance

is not possible, additional data recovery may be required to mitigate the adverse effects ,

depending on the results of the testing. A Data Recovery Plan and Research Design

should be prepared to collect additional data that may be present at the site, prior to the

initiation of removal actions or any other disturbance.

The history of the Turbot Mine was researched for the Inventory Report by FEC (Killam

1995), and few references were located. No further archival/historical research is

recommended, pending the results of the testing.

Table 2. Mitigation Summary

5LK869. 5LK870, 5LK871.

5LK872. 5LK873. 5LK874.

5LK876, 5LK877, 5LK878,

5LK880. 5LK882, 5LK884,

5LK885

5LK868

5LK875

:iii!iiiiiiiliiiiiiii \mmmmm&^83%mmtmm*K Individually Not Eligible; Contributing to the District

Individually Eligible and Contributing to the District

Potentially Individually Eligible and Contributing to

the District.

Photograph landscape prior to removal actions; monitor original ground surface.

Photograph landscape prior to removal actions; Avoid

impacts to features; monitor original ground surface.

Conduct testing to determine eligibility ; photograph

landscape prior to removal actions; monitor original

ground surface

a\CULTURAai993\93-603\MWWT.NEW 11
Final Mitigation Man Lake County, Colorado

5 .0 DISCOVERY DURING REMOVAL ACTIONS

Should concentrations/deposits of historic materials (artifacts) and/or evidence of intact

features or structural remains be encountered during the removal activities, work

should be halted until the remains can be examined by a professional

archaeologist. The presence of sparse or scattered artifacts or the disturbed remains

of features within the waste pile is not cause for work to be halted; the materials should

be set aside for examination by the archaeologist at a later date. If there is any question

as to the nature of the materials discovered (density of materials, intactness of

features), the professional archaeologist should be notified. This policy should apply to

all waste piles subject to removal actions, regardless of NRHP eligibility or District

contributing status.

6.0 REFERENCES

Athearn, Frederick J.

1994 A Window to the Past-A View to the Future: A Guide to Photo Documenting Historic Places. U.S.D.I Bureau of Land Management, Denver, Colorado.

Golder Associates

1995 Mine Waste Engineering Evaluation/Cost Analysis, California Gulch Superfund Site, Leadville Colorado. On file at U.S. Environmental Protection Agency, Region VIII, Denver, Colorado.

Killam, David G.

1995 Cultural Resources Investigations of Selected Mine Waste Piles, On file at U.S. Environmental Protection Agency, Region VIII, Denver, Colorado.

D:Va*TURAU1993\93-603\KWMIT.NEW 12
Final Mitigation Plan Lake County, Colorado

APPENDIX A

State Historic Preservation Officer Concurrence Letter

0:\CU.TURAU1993\93-603WWICT.NEW
JAN-24-96 WED 09:08 AM ASARCO GLOBE PLANT FAX NO, 3032960508 P, 03/04

- 01/23/98 TCE 15:1C FAX 303 293 123$ RS SOTERFTOD REMEDIAL BR @002

iL*

COIDRADO HISTOBIGAL SOCIETY

The Colorado Elstoiy Museum ISOOBroadvsy Denver, Colaiado 80203-2137

January 12, 199 €

Us. Rebecca J. Thomas . . "j United States Environmental Protection Agency ' ~'. " -J Region VTl l "' . \- : S99 18th Street, Suite 500 £:,.; ^7 Denver, Colorado 80202-2466 j^;_.

 M

sa t*: ^!

>-W "~ Re: California Gulch Superfund Site ~R ^ Cultural Resource Investigation 1=^ ~! Selected Kine Waste File s

Dear Hs. Thoaae:

kJ Than 1 k you for your correspondence received November 28, 1995

 concerning the above nineteen vaste dumps (rock piles) undergoing

a cultural resource investigation. We have received comments fron

 the Lake County, Board of County Commissioners on December 28,

*- 1995, He withheld our formal response until ve received consents

fron all interested persons.

J

We agree with the opinion of the Lake County Historic-Preservation Advisory Board that the landscape as a vhole jaust be assessed in

determining the contributing nature of any resource. The minor as

veil as major features and archeological sites tell the story of Leadville and taken together are important in conveying its

significance. These resources oust be reviewed in the context of

the cultural landscape expressed in its variety of forms. The

standard used to establish the contributing nature of a feature or

site vill rest on its integrity and ability to convey the history

of the district as a vhole and not any particular site. Individuall y a vaste dump, vitaout its associated structures and

features, is not eligible for the National Register of Historic Places but as a group these waste dumps can contribute te the

cultural landscape by illustrating the extent, types, and locations

of mining activity in the district.

T
JfiN-24-96 WED 09:08 AM ASARCO GLOBE PLANT FAX NO, 3032960508 P,04/04 Ol/23/fl C TOE 15:IT FAX 303 2*3 123« RS SUFERFUND REMEDIAL BR

! Rebecca ff. Thcaas January 12, 199 _ Page 2

It is our opinion that the following cite6 contribute to the larger

cultural landscape of Leadville: 5LK.868, 5LK.869, SLX.870,-

5LK.S71, SLK.872 , ELK.873, 51K.874, 5LK.875, SIX.876, SLK.877, ELK.878, SLK.880, 5LK.882, SLK.884 , SLX.88S . Though a number of

these dumps have been impacted by human activity recently, they

retain their overall fora and can convey the rich mining history of

the district. They are determined to be contributing to the Historic Wining District of Leadville.

Site SIK.868 is considered to be individually 'eligibl e for the National Register under Criterion A for its association with the

social history of Leadville as it relates to the miner' s strike of

1896.

Limited testing needs to be conducted on SLK.875 to determine if

intact subsurface resources remain. Testing may yield additional

information and qualif y this site as eligible under Criterion D.

T he remaining four sites (5LK.867, ELK.879, 5LK.881, 5LK.883 ) are

considered non-contributing due to the loss of integrity as

outlined in the report.

In the future, please forward the original photographs of each

site. It is extremely difficul t to assess a site with photocopies

of the original photograph. If we may be of further assistance,

please contact Joseph Bell, our Eistoric Preservation Specialist ,

at (303 ) 866-3035.

Sincerely,

Bartmann

fitoric preservation Officer

Jrarry Frank, Lake County Historic Preservation Board Heil Reynolds, Lake county Eistoric Preservation Board
Final Mitigation Plan Lake County, Colorado

APPENDIX B

Lake County Historic Preservation Advisory Board

Eligibility Review Comments

lrtCULTURAL\1993\93403\MWU>T.NEW
01/22/96 ID: 11 t?3D3 985 2060 GOLDER-GCS-GFS ©007

MEMORANDUM

! Date: December 6, 1995

T o: The Board of Lake Count y Commissionerf

_ From: Lake Count y Histori c Preservatio n Advisor y Board

i

> Subject : Comments upon the Fina l Draf t - Cultural Resources

• " Investigation s of Selected Min e Wast e Piles , Operabl e Uni t $, Californi a Gulch Superfun d Site .

•The period for writte n comment on the subjec t Surve y Report wil l

expire approximatel y December 1£, 1995. We therefore recommend tnat

L; . - the fallowin g comments be forwarded to the EPA 1n a timel y manner so

 as. to serve as part of the requested, publi c comment.

L Map mounted between pages 547 .

Min e Wast e Pi lee Mao

i

t

, We believe that thi s map would be more useful as a referenc e if the

researchers had used the same min e shaf t numbering system that was

used by the USGS In al l of it s mappin g in conjunctio n with Professional Paper 148 published in 1927 and Professional Paper 235

3 published In 1S53. The shaf t numbering system followed b y the USG S

^originated with their 1913 topographi c map of the district , an d i s

\ very consisten t and easy to Interpret . Introducin e a new mine waste

1 pil e numberin g system i n the presen t cultural survey jus t result s In • *? cross referencin g difficultie s for persons readin g an d evaluatin g the

document. ^

An unfortunat e discrepancy on thi s map is the labelin g by the Iresearchers of Fryer Stree t as "Frfar " Street . Thi s same designatio n Ms followe d consistentl y in the text whersvar mine waste pile s are Uocated with respect to "Friar" Street . It.show s a lack of

'.scholarshi p on the part of the researchers in which they are not

i -aware of the connection of Fryer Stree t with George H. Fryer , the

i .original discoverer of the ore bodies o n near& y Fryer Hilt . Thi s

:

,lapse leads a reader of the survey report to doubt the scholarship of

t he researchers in other regards .

L- }• Two significan t waste pile s 1n the Downtown area are not

^5 "'evaluate d in the report•

i , On e of these Is the very large Capito l (or Northern ) shaf t dump

*- (located immediatel y northwest of the smal l Estey dump (MWP 13) which

is evaluated 1n the report. Perhaps the Capito l was not evaluated

because of the fact that it has baen regraded and used as a homesite, However, the Capito l sit e i s a very significan t on e because of It s

associatio n with the noted Carleto n minin g brothers , and the fac t
01/22/96 10:12 ©303 985 2080 GOLDER-GCS-GFS ^ El 003

j " .

~ Comments on Fina l Draf t Cultura l Resource Inves t i gat len s

of Selected Win e Waste Pile s Operable Uni t 9 - Pese 2

i

that Vh1s shaf t 'was the pioneer effor t to develop ore 1 n the northern

, portio n of the Downtown Distric t { Heral d Democrat Ne w Year' s editio n

;_ of Januar y 1, 1639, page 4). It was also a very significan t source

of manganese-Iro n ore durin g the World War I effort .

I The second Importan t omission ie that of the Bison shaft , which — He jus t 200 ft ME of the Gray Eagle shaf t (MWP 22) covered in the

£ 'report . The Bison shaf t was a Campio n famil y projec t and was sunk

fjunde r the management of George Campion , the younger brother and

|_ ^minin g partner of Joh n F. Campion - Durin g the years 1BS 5 through

|1fi97, it .was the larges t producer of iron fluxin g ore in the

tLeadvill e Distric t (HO Ne w Year' s editio n o f Jan . 1, 189S , pa.se 4) .

i— / | Both of the two shaft s described above are very significan t

v |historica1 1y, and warranted coverage in the present cultural survey.

L

 Paga 20.

I Mida s Min e Wast e Pil e L / We agree that the Midas Min e waste pil e should be eligibl e for

, ~7 the «RHP. We believe that the importance of thi s site is greatl y

i ; enhanced by its association with Samuel D. Nicholson , prominen t

"• HLeadvlll e mine operator and U.S . Senator from Colorado* • m

i Nicholso n was the manager and part owner of this property , tn L ^partnership with the Guggenhelm family , and thi s mine contributed to

& .iih-f s wealth, -success and reputation . The present report does not

 ; describe Nieholson' s association with the Midas , nor does it brin g

: iout the extreme importance of Nicholso n In the histor y of the

*- Leadv-me Distric t -in any other regard.

f

 r •

i_ * Page 30.

W e ! do n Mi e Wst e Pi T

11 The survey report down play s the significanc e of the We 1 don .

. shaf t in the Downtown District' s history , sayin g that it might have

been moderatel y successful based uoon the size of the waste pile . It

1c rated as eligibl e for the NRHP -based upon Its hifih prominence and

4 vfsibillty .

• No mentio n Is made of the We 1 do n Mine' s prominence durin g the

f Labor Strik e cf 1636-&T^ which greatl y increases the significanc e of

t he site. The mine was reopened durin g the Strik e by its controllin g Director Peter Breene,. in defianc e of the mandate of the Min e Operators Association . Breene paid union scale wages, kept the mine operatin g with union labor, an d fle w the Wester n Federatio n of Miners fla g over the «n'rve durin g the Strike . Thi s wae the onl y large

rains to operate in sympath y with -the strikin g union.
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 • • .

"" Comment s en Fina l Draf t Cultura l Resource Investisation s

of Selected Min e waate Pile s Operabl e Uni t 8 - Page 3

| The episode Is wel l described In Monograph 10 of the Colorado

iHistoHca l Society , pages 32-34. A contemporary photograp n of the

\\ Iver y large Weldo n surfac e plan t i s published i n the Heral d Democrat

~ . |Ne w Year's editio n of Jan . 1. 1859, page 4.

* Page 35.

Turbot Min e Wast e Pil e

* "" 3 The survey report states that no association of the Turbot Shaf t 3*1th importan t persons or events has been discovered. Thi s is not It rue, as the shaf t was originall y sunk by George Campion , younger

u \2_1brather an d minin g partner of Joh n F. Campion . George Campio n leter

:; reopened the shaf t 1n 1919, to search for deposit s of oxidized zinc

'We .

*" » Thes e fact s ere set forth in th6 extensive 1S2S report on the

1Leadvili e District , prepared by Chapman an d Steven s for American

! Smeltin g & ftefinin g Co., at pages 25 and Z6. Thi s report is L. L-> availabl e in the U.S. Bureau of Mines Denver Library , and should

.have been used by the researchers as a reference on the Downtown

i

 !Minin g Distric t in ita later years of activity .

L. Page 4-1*

«- KSbsdhl e Min e

} The present cultural survey ratos the Kibschl e site lox for

i

 1U

 I prominence and visibility , and for not conveying th« Importanc e of

*• n -the Downtown mines. It therefor s ha$ been classifie d as ft non

^contributin g feature /

L At page £2 of the previousl y cited Chapman and Steven s 1S2 9

3 report , the continued rainin g at the Hibschl e shaf t i n the tS20'f i

idurin g the period afte r the Penrose Min e pumps were pulled , an d the

! 16" Downtown mine workings were flooding , is described. -Thi s adds

*" significanc e to the Kibschl e site, because it 16 thus the las t mine

4 1n the Downtown Distric t tc be activel y operated.

L * The reason that the dump Is relativel y email i« that the largeri tv, -and richer portion s were shipped to the Arkansas Valle y Smelter , and

 possibl y to Haran'e Hill , b y Orrin Hibschl e i n the lat e 1040 «-

\ _ ' Page 4-4.

L Bonn Min e CMWP20T) .

T he Bonn Min e is considered an isolated fin d in the study , and

 1s rated Tow for prominence and visibility . Sinc e it does not convey

i- r| the importance of the Downtown Mines , it 1s recommenced as e non-contributin g feature .
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Comment s o n Fina l Draf t Cultura l Resource Investigetion s

. -of Selected Win e Wast e Pile s Operable Uni t 9 - Page 4

T he report states that the Bohn mine was "probably " associated

with A.V. Bohn. a person of "some prominence' " i n Leadvill e mi'nin g

i« H history . Apparently , there was no research done by the Investigator s

 ! to discover that the Sohn Shaf t was a pioneerin g effor t b y Majo r A.v, Bohn to prove that commercial ore existed 1n the souther n part of the Downtown

3 The shaf t was sunk by Majo r Bohn in a struggl e of two years'*

y» ^duration (JSC1-83), to surmount severe water and bad ground

'•^conditions . I n the Panic o f 1BS3, Majo r Bonn' s company was forced •linto receivership, an d was bought In at auction fay Smith en d Moffat . Later Majo r Bohn financed the Leedvill e Home Minin g Co. strictl y

|through local fun d raisin g in Leadvltle , and undertook dewaterin g of

'Ithe entire basin through the Penrose Shaft . The dewaterin g was

'complete d i n Ma y of 1898, afte r a major effort . The Lead.v1lU Home Minin g Co. was particularl y prominen t durin g the 189$ through ISO!

period, when large tonnages of ore were produced by the company

.through the Starr , Penrose an d Son Air shaft s ( Kenderson , Minin g in

'Colorado . 1S23, pgs . 151-152).

 Durin g the World War 1 era, the Bohn Min e shipped considerable

.Quantitie s or manganese iron ore throughout the interval from TSI6 to

•1923 (Chapman and Stevens , 1923, page 64).

T he histor y of the Bohn Shaft* an d the lon g standin g effort , of }Majo r Bohn to demonstrate the value of the Downtown mines is wel l

.covered m the Januar y 1, 18SS Ne w Year' s Editio n of the Herald Democrat. The Bchn site deserves much more recognitio n than the

! iCultural Resources Investigatio n grant s It , because of it s pioneerin g L, Istatu s In the openin g of . the Downtown basin.

I Appendi x C — Report of Jame s E. Fell . Jr.

 r

 . Zn his Bibliograph y and Notes . Mr. Fel l does not indicate any I rf*

 : use of the Chapman and Steven s Report of 1929 to the America n L ^ Smeltin g & Refinin g Co., which is th« most extensive latter day

reference on not onl y the Downtown mines, but on the entire Leadvill e District . Whil e Mr. Fel l does cite "s«lected issues" of the Leadvill e Herald Democrat in his bibliography , there Is no -indicatio n that he

used the Janua'r y 1, t8S § editio n of that paper. The articl e o n page

4 of that editio n contains a comprehensive histor y of the initial

developmen t of the Downtown area that is of great value In

establishin g the relative significanc e of tho mina shaft s In the

area.
01/22/96 10:13 {^303 985 2080 COLDER -GCS-GFS IB Oil

j Comments o n Fina l Draf t Cultural Resource Investigation s

of Selected Min e Wast e Pile s Operable Uni t 9 - Page 5

Comments

T he Fina l Draf t Report exhibit s a marked tendenc y to look at the

idual mine waste sites as Isolated entitles , whose relative

significanc e must be Judged solel y on their own physical

.: characteristic* and contents. We believe that all of the shaf t sites

inust be considered together as one fabric oh which the hictor y of the DOWntown mines is preserved, commemorated and retold for the visitor. w? . •
Final Mitigation Plan Lake County, Colorado

APPENDIX C

E PA Eligibility Determination Letter

D:\CULTlWUA1993\93-603\MWMrr.NEW
GOLDER-GCS Bino9 >«<H ••«•• wvw.vv.vw . .„ I£IUOZ

UHITID STATES EBVIBONMIITA I FBOTECT1D E AGENCY

993 iia BTIEST - sum H»

BOWER. COURADO QOZOMVt

i Ms.PoppyStaub CfiD 26 895"

L ASARCO Incorporated

495 East 51st Avenue Denver, Colorado 80216-2098

Re: Cultural Resources Selected Mine Waste Piles

Dear Poppy:

; Tha purpossoffot s fetter istodarfly tne Envliui intuited Protection Agency's (EPA)

u. Action Memorandum addressing selected mine waste rock piles located in residenCel

areas Gf Leadutlle, Colorada First, the EPA concurs with Ihe State Historic Preservation Officer's (SHPO) determinations regarding ellaibirrty of Vie individual waste rock piles. L Please refer to correspondence from the SKPO to EPA dated January 12,1696 and from

EPA to the SHPO, dated Oecemoer 26. 1936. Second, ASAROO shall prepare the

rrffigationpJ£tfftrsnycutoiT^r^^ Please submit

u. tne mfliflaGon pfan directly to EPA We wBI review the plan and request public comment

 ASARCO win then respond to any comments, finalize the mitigation plan, end ro-eubnVit

ft to EPA EHA wit! then forward the final plan lo the SHPO for approval.

i- If you have any further questions concerning this Action Memorandum, please

contact me et 312-6700.

Sincerely,

Rebecca J.Thomas Project Manager

cec rack River, Newmont Gold Oo. Russ Alien CDPHE
Final Mitigation Plan Lake County, Colorado

APPENDI X D

Lake County Board of County Commissioners

Comments and Responses to Comments

atoXTURAlA1993\93-603\MVVWJT.NEW
Final Mitigation Plan Lake County, Colorado

Board of County Commissioners

Comments

L

R\CUI.1URM.VI9S3\93-603\MWMIT.NEW
LAKECOUOVT T BOARD OF coium COJDIISSIOIVERS

JulyS, 1997

V IA FACSIMILE

Ms. Rebecca J. Thomas U. S. Environmental Protection Agency Region Vffl, One Denver Place

999 Eighteenth Street, Suite 500 Denver, Colorado 80202-2045

Re: Draft Cultural Resources Mitigation Plan for Selected Mine Waste Piles, Operable Unit 9, California Gulch Superfund Site

Dear Rebecca:

We appreciate the opportunity to comment on the above-referenced cultural inventory

report. Enclosed on behalf of Lake County are comments prepared by the Lake County Historic Preservation Advisory Board. We believe, however, mat the procedures provided in Section 5.0 for the handling of

structures or artifacts discovered during the removal actions are adequate.

Very truly yours,

Cfaakman, Lake County Commissioners

County Commissioner

lames E. Morrisoi, Lake County Commissioner

COMMISSIONERS Earl Boeve • James E. Martin • James Morrison • Timothy H. Berry-County Attorney P.O. Box 964 • Leadville, Colorado 80461 • (719) 486-0993 • Far (719) 486-3972 Kent Hager-County Administrator* (719) 486-3338
MEMORANDUM

L_ Date: Jun e 11, 1997

T o: The Board of Lake County Commissioners

j From: Lake County Histori c Preservation Advisor y Board

;—* Subject : Comments upon the Draf t Cultural Resources Mitigatio n Pla n

;1 _______for Selected Min e Waste Piles . Operabl e Uni t 9. Californi a

 Gulch Suoerfun d Site . Foothill s Engineerin g Consultants , Inc . ("FEC" ) has recentl y

: prepared the above stated Mitigatio n Pla n for ASARCO, Inc. The U.S . L. Environmental Protectio n Agency on Jun e 3, 1997 released the subjec t

pla n for a publi c comment period of 15 days duration . The time

1 Interval for submittal of comments to EPA wil l thus expire on

 approximatel y June 14, 1997.

We would therefore appreciate you promptl y reviewing our

. comments on the pla n that are set forth 1n thi s memorandum. If you

^ fin d them acceptable , pleas e forward a copy of the same alon g with

your own comments to Rebecca Thomas , Remedial Projec t Manager for the EPA.

w_ Page 4. Tabl e 1. Management Summary.

^ Thi s tabulatio n list s the 23 named mine waste dumps 1n the Downtown Minin g District that have previousl y been considered for

possibl e removal action and have consequently been evaluated for the

; significanc e of their associated cultural resources.

L. Thi s tabulatio n states that 14 of the 23 dumps are slated for

removal, and we understan d that thi s action 1s to be undertaken under I terms of the Consent Decree between ASARCO and the U.S . Department of

"- Justice , wherein 3500 ppm lead content 1n the dump material was

defined as the minimum action level .

i

— __ As we have previousl y stated, we are extremel y disturbed that so

high a proportio n of the dumps formin g the landscape of the historic Downtown Minin g District must be totall y removed. We want to

; emphasize that the 3500 ppm lead action level should under no — circumstances be further reduced, because such reduction would result In many - 1f not all - of the few remaining dumps bein g obliterated

from the landscape , and all trace of thi s historic area would be

lost.

We would poin t out that the proposed removal action summarized

< on Tabl e 1 actuall y wil l destroy more mine sites than stated, because L. of discrepancies 1n site Identification . For Instance , Min e Waste Pil e (MWP ) 109 slated for removal I s Identifie d as the Hope . Thi s

site actuall y Include s both the Hope Shaf t an d the nearby Last Chip

i No. 3 Shaft . Thus two historic sites are being lost 1n what 1s — presented as the removal of only one.
Memo to Lake County Commissioners - Page 2

In the same vein, the tabulatio n states that one Star r mine

dump, MWP 28, 1s to be removed, whil e a second Star r dump, MWP 27, 1s

to remain. Thi s present s a picture of partial saving of the Star r Min e historic resource. However, MWP 27 allowed to remain Is

actuall y the mine dump of the Lazy Bil l shaft , which Is a much less

significan t site.

Page 5. 4.1 Contributin g Landscape Feature s

In thi s paragraph, FEC rightl y states that both the Stat e Histori c Preservatio n Office r an d the Lake County Histori c Preservation Advisor y Board have expressed the opinio n that the Downtown District mine waste pile s should be viewed In the context of

t he overall landscape. FEC stretches thi s opinio n to conclude that

because the overall landscape onl y Is considered to be contributing, mitigatio n of the Individua l mine waste pile s makin g up the landscape

1s not appropriat e or necessary.

To refut e FEC' s assertion , 1t 1s onl y necessary to consider such

a noted histori c landscape as the Gettysburg Natio n Battlefiel d Park

as an analogy . Certainl y the overal l panorama of the Gettysburg

battlefiel d I s commemorated I n museum displays , scenic overlooks an d Interpretive renditions . However, for visitors to full y understand

t he Importanc e of what took plac e at the Gettysburg site, each Individua l combat action, together with the militar y unit s Involved

1n the action, have been meticulousl y monument«d and Interpreted at

t he actual localit y where the action took place .

We desire thi s approach to be used 1n the mitigatio n of the Downtown District . An Interpretiv e panorama should be provided at a

strategic locatio n overlookin g the Downtown site , and we recommend

that the remediated Hamm tailin g pond site be used for thi s overlook.

In addition , each mine dump site, whether the dump 1s removed or

whether It remains In place , should be appropriatel y monumented to

aid the understandin g of a vl.sltor to the site. The monument at Ion

should Includ e a brie f narrative relatin g the salien t historic fact s

specifi c to the site.

Despit e FEC' s objection s to Interpretiv e material s at these

individual sites , as expressed In paragraph one of page 9 relative to

t he Coronado Mine , we believe that such Individua l monumentatlo n Is

t he onl y satisfactor y means remaining to provide some historic

recognitio n of the actual sites.

Granite monuments with the narrative Inscribed thereon are

recommended as the best means of survivin g the ravages of time and

vandals . Thei r resemblance to tombstones wil l be apt , as thi s Indeed wil l be a graveyard of lost mines afte r the dumps have been

removed.
Memo to Lake Count y Commissioners - Page 3

Pages 5 and 6. 4.2 Mitigatio n of Contributin g Resources.

F EC recommends that panoramic photos be taken of groupings of

the mine waste sites , and that such photos should be recorded on both

black and white and color film . The y advocate that the black and

white Image s be archivall y processed. The resultin g black an d white

photos would be submitted to the state Histori c Preservation Offic e

site file s for archival preservation , while the color photos would be

availabl e for displa y In a publi c Leadvlll e facility . - _-". -...-_

. We believe that a complete set of the black and white photos

should also be provided to the Lake County Historica l Collectio n 1n

custody of the Lake County Publi c Library , as the color photos alone

are not a reproducible resource.

Page 11. 5.0 Discovery Durin g Removal Actions . We believe that the procedure described In thi s paragraph for

processin g histori c material s discovered durin g removal excavations Is too ambiguous and does not provide enough safeguards to prevent

loss of valuable artifacts .

T he procedure states that the "presence of sparse or scattered

artifact s or the disturbed remains of feature s withi n a waste pil e Is

not cause for work to be halted." We doubt that a heavy equipment

operator 1s a good judge of what constitutes "sparse or scattered

artifacts* or what "disturbed remains* entail . We believe that the

described procedure 1s an open Invitatio n for the earth moving

contractor to proceed without any real regard for historic

preservation.

We recommend that a more precise and careful procedure be

followed durin g the removal action, such as the procedure Incorporated I n the recentl y released Draf t Mitigatio n Pla n for Californi a Gulch OUfl Removal Action . Phase 1. as prepared by COM Federal Programs Corporatio n and Research Management Consultants , Inc.
Final Mitigation Plan Lake County, Colorado

Responses to Comments

a\CU.TURAH1993WJ«)3\UWUIT.NEW
Final Mitigation Plan Lake County, Colorado

RESPONSE TO COMMENTS

LAKE COUNTY COMMISSIONERS AND LAKE COUNT Y HISTORIC PRESERVATION ADVISORY BOARD LETTER DATED JULY 8,1997

Management Summary

Approximately 30 mine waste piles have been previously identified during the

environmental investigations performed prior to the Cultural Resources Inventory,

within Operable Unit 9. As you have noted, the pile numbers were assigned to

contiguous accumulations and several piles such as MWP 109 were associated with

multiple mines (Hope and Last Chip) and some, such as the Coronado piles (MWP 16,17

and 18), are part of a group of piles associated with a single mine.

As you indicated, the Removal Action selected by the EPA requires the removal of only

those 14 piles with lead concentrations in excess of 3,500 ppm, the interim action level

selected by the EPA based on protection of human health and the environment. We

appreciate your concern regarding removal of the dumps.

Your comments on the Hope and Last Chip and Lazy Bill are appreciated. The remains

at MWP 109 were identified in the inventory report as the Hope or Last Chip (Killam

1995:43). The site names will be corrected in Table 1 in the Final Mitigation Plan. As

far as visual effect s to the cultural landscape in this vicinity, only one waste pile will be

removed.

Thank you for the information that MWP 27 is not the result of the Starr mine but is

related to the Lazy Bill shaft. This information will be added to the Final Mitigation Plan.

Contributing Landscape Features

Under the regulations of 36 CFR 800 of the National Historic Preservation Act, mitigation of effect is required when the action will alter those characteristics for which

a property is considered eligible or contributing. As discussed in section 4.1 of the Plan,

(page 5), the State Historic Preservation Officer (SHPO) determined that these waste

piles are not individually eligible but "contribute to the cultural landscape by

illustrating the extent, types, and locations of mining activity in the district" (SHPO

Concurrence Letter, Appendix A). As discussed in the Plan, it is these characteristics

that require mitigation of effect . The mitigation measures proposed by Asarco are

designed to mitigate the effect s to those characteristics that make each resource

contributing, that is the "extent, types, and locations of mining activity in the district"

(SHPO Concurrence Letter, Appendix A). The relevancy of the "Gettysburg Nation Battlefield Park" to the Leadville Historic Mining District is not clear; one is a national military park and the other a historic

district. A national park provides protection and interpretation for a publicly-owned

O:\CULTlJRAL\1993\93-603\MmiIT.NeW
Final Mitigation Plan Lake County, Colorado

property of national historic significance; a historic district recognizes a concentration of

significant and historically related resources. The interpretation of a site such as Gettysburg is not the result of the Section 106 process regulating the inventory and

evaluation of cultural resources at a Superfun d site.

With respect to the panoramic interpretive signs suggested by the LCHPAB, Asarco

would be willing to participate in a cooperative effort with the EPA, the County and

other interested parties to create a suitable display in an appropriate location. However, Asarco does not believe that such a display should be part of this mitigation

plan.

Asarco believes that the installation of narrative monuments at the former or current

location of mine waste piles determined to be contributing is not consistent with the

mitigation requirements under the above cited regulation based on the determinations

made by SHPO. Additionally, because these piles are located on private property, Asarco does not have the authority, access, or consent required for such installations.

Mitigation of Contributing Resources

In addition to the photographs submitted to SHPO, a complete set of black and white

photographs can be provided to the Lake County Historical Collection of the Lake County Public Library.

Discovery During Removal Actions

As part of the pre-construction meeting, cultural resource personnel will discuss

circumstances and situations concerning the discovery of historic materials and/or

features during the action with the PEP and contractor personnel. As indicated in the

plan, any question as to the integrity and/or significance of material or features

discovered will result in work stoppage until the discovery can be assessed by a cultural

resource professional.

DKt&TURAL\1993\S3-603WWMIT.NEW
Final Mitigation Flan Lake County, Colorado

L

L

APPENDIX E

State Historic Preservation Officer Comments

and Responses to Comments

tt\CULTURAlA1993\93-603\«VVMIT.NEYV
final Mitigation Plan Lake County, Colorado

State Historic Preservation Officer Comments

OACULTURM.M9S3e3-e03WWMIT.NEW
flUG-29-1997 17:55 0 10 HIST SOCIET Y P. 01

L

C0I0RADO 3TORICAL CIETY

Tte Colorado History Mascara 1300 Broadway Denver. Colorado 80203-2137

Pofit-n" Fax Note 7671 August 29, 1997

M s. Rebecca J. Thomas U.S. Environmental Protection Age icy

fiegion VI I One Denver Place

999 18th Street, Suite 500 Denver CO 80202-2045

Dear Ms. Thomas:

We appreciate the meeting that yd arranged on August 25, and the fieldtric on August 26 to review the historic Properties of the California Gulch Superfun d Site. r*.*,!!!. n-,TM,.

 ¥e coltlnue to vl€W

 ^ Lcadvillc Hinln g District

as a cultural landscape bat is eligible for the National Register of

mining in the Bocky fountain regi

beautiful:

i s u lll y wmveys tt e

of precious metals

n. Such places nay or cay not be considered

When compared with the rolli ig farnland or wilderness to prevalent in our

inagery of scenery, aining e .untry does not fare well, flan y observers are

likely to characterize ninink country as a ruined, hellish wasteland, but

we mist remenber that such fas not always the case: to Aaericans in the

late nineteenth centwy, mlriing activities symboliced progress and iiian'e

donination over nature . J . Today the barren landscapes are ofte n

contrasted unfavorably with fcbeir nearby natural settings; yet they, like

all landscapes, are neither kood nor bad, but simply historical ertifact s

and symbols (Francaviglia 1991:9).

Franc<wi«M*'« Hard Places for insightful suggestions on

eting the landscapes of millin g districts.

OPERABLE UNIT 6

We still believe that your decision! to proceed with mitigation without our signed

agreement places EPA out of compliance with the negotiated Prograunatic Agreement and therefore with Sectfo n 106 of the national Historic Preservation Act. We also remvnd you that theije is a missing public comment component.
17:55

L

I

L

L

m m HIST SOCIET Y

I

P. 02

Us. Eebecca Thomas August 29, 1997

page 2

OPERABLE UNIT 7

An archaeological site possibly re] resenting the remains of a stanp mill adjacent

to the Apache Tailings was viewed on the field trip yesterday, and there was

discussion of a data recovery project yet this fall . Our records show that we

concurred with your determinationjof eligibilit y for this cite on Decenber 14,

19S5, and we hare a draft Acaehe TAilinga Feasibilit y Study dated January, 1996. We have no deterninatioo of effect , public consents, or mitigation plan. It is

quite unlikely that the necessar;

season, but we will make every eff

available.

OPERABLE UNIT 9

consultation will be concluded this field

art to assist you when these materials become

of fourteen proposed for renoval ii Mitigation FlaiLfor Selected Mine

ASABCO is "poised to act" ilaind regard to the planned renoval of four waste piles

shown to us ia the field, are Pi

(5LK879) , and 109 (Hope/Las t Chip ! Chip have been determined to cont Yolcott has been determined to be

Ye have no objection to moving th

The documentation is not complete!]

has not provided a determination o

two copies of the draf t engineering

not have a final edition that

the document titled Draft Cultural Resources Waste Piles. Operable Unit S.

.e Numbers 14 and 15 (Hibschle, These four,

6LK878) , 19 LK882) . Of these, the Hibschle and Hope/Las t

ibute to the Leadville Mining District; the

non-contributing.

non-contributing Volcott pile.

in order for the remaining piles. First , ERA.

 effect ; this omission is discussed on pages

3 to 5 of the Draft Cultural Resour res Mitigatio n Plan. Second, although we have

evaluation and cost analysis document, we do Incorporated public comments. Third, the

mitigation plan is also in draf t fo -n. It includes your December 26, 1996 letter

to ASARGO in which you clearly instruct them as follows:

Please submit the mitigation [plan directly to EPA. We will review the plan

and request public comment. | ASAECO Hi11 then respond to any comments,

finalise the mitigation plah, and re-submit it to EPA. EPA will then

forward the final plan to tqe SHPO for approval.

We have copies of public comment Jjetters and ASABCO's responses, but we do not

have & final mitigation plan that incorporates these comments. We will not

address the proposed mitigation strategies unless and until the documents are

final and complete.

Ve appreciate your effort s to Leadvile Mining District.

wot; to preserve the historic qualities of the

Hartmann

istoric Preservation Offic e r

TOTflL P.02
5EP-03-1997 17:20 COLD HIST SOCIET Y P.01

The Colorado History Mnsemn.

September 3, 1S97

M st Rebecca J. Thomas U.S. Environmental Protection Age icy Begion VII One Denver Place

999 18th Street, Suite 500 Denver* Colorado 80202-2045 F AX 312-6953

HQRADO >RICAL OIETY

1300 Broadway Dofter. Colorado 80203-2137

Postal" Fax Note

«**•'"•

00

01006

 •

**** JUTS-

; California Gulch Super

Dear Ms. Thomas:

und Site , Four Waste Piles in Operable Unit 9

This letter is written to Beet your request for our preliminary comment* on the Impending removal of four waste I piles in Operable Unit 9, California Gulch Superfund Site, Leadville, Colorado. It follow* the comments that we bade in our

letter of August 29, and our telephone conversation held yesterday.

ASARCO wishes to remove four vast<

18 (Volcott , 65LK879) , and 109 (1

the Volcott , these piles have Mining District, a National Regi

verbally that their removal is

this district, and we agree with

piles, nuabers 14 and 15 (Hibschle, 5LK878) ,

>pe/Last Chip 5LK882). Kith the exception of

determined to contribute to the Leadville

:r-eligible historic property. You have stated

adverse effec t on the historic qualities of

<hat deternination.

The draft engineering evaluation «[nd cost analysis document (EE/CA.) outline* »ix

alternatives: no action, ins itutlonal controls (legal and physical

restrictions), containment, reasov il/transport/diepoaal, treatment (physical and

reuse. You have provided us with public

responses} and you have stated that the draf t

chemical measures), and materia

comments on the EE/CA. and ASARCO

plus the comments and responses c Mistitute the final EE/CA.

Strictl y from a historic prc«erv< tion

controls, containment, and t removal/transport/dispo*al

standpoint, the no action, institutional

*eatment alternatives are preferable to

or material reuse.

A Removal Action Work Plan prep ired by ASABCO describee removal actions to

implement the Action Hemorandta issued by EPA in August, 1996. The

abovementioned four piles are elated for removal in 1997 and ten additional piles

are scheduled for removal in 19981 We have been a*ked to focus our comments on

the four piles slated for 1997.
.SEP-03-1997 17:21 COLD HIST SOCIET Y P. 02

K s» Eebecca. Thomas September 3, 1997

page 2

A Draft Cultural Besources Mitig

conments and ASABOO's responses

incorporates tbese conments.

Ve find that the nitigation plan

to document the piIc e in regard While this IB adairable work, we

the inpending loss of these his

contributing waste rock pile be pi

directions, and that & detailed

destruction. Ve alao believe tha

program, to be developed in conj

favor roadside marker-type panels

it ion Fla n has been written; we have public There is no final nitigation plan that

essentially consists of panoramic photography

the surrounding landscape and one another.

o not believe that it IB cufficien t to offse t

c properties. Specifically , we ask that each

'tographed in sore detail front all angles and

tour map be prepared for each prior to its

EPA should coamit to an interpretive signage

ion teith Lake County end this office , fife

Thank you for requesting our coarac its on thic action. Ve expect to continue our

discussion as plans develop for 1

Sincerely,

Susan M. Collin s Deputy State Historic Preservatio

copies to:

C. Killer D. Killam D. Longwell J. Morrison

E. Eai&es L. Keatlnge

998.

Officer

TOTflL P.02
Final Mitigation Plan Lake County, Colorado

Responses to Comments

0:\CU.TURAL\1993\93-603\MWUn-.NEW
Final Mitigation Plan Lake County, Colorado

RESPONSE TO COMMENTS STATE mSTORIC PRESERVATION OFFICER LETTERS DATED AUGUST 29TH AND SEPTEMBER 3,1997

Comments from the letters referenced above regarding the mitigation of effect have been

addressed in the Final Mitigation Plan. Specifically , the additional photographic

documentation requested will be completed prior to initiation of removal actions. Detailed contour maps of each waste pile have already been produced. A Mitigation Document, including the detailed contour maps, all photographic documentation,

written descriptions and previously completed resource forms will be prepared. Copies

of this document will be submitted to the SHPO, the Lake County Public Library, the Healy House Museum, the EPA, and the Federal Archives as per verbal request from SHPO on September 4,1997.

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