Attachment_2_Statement_of_Work.pdf

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Potentially Responsible Party (PRP) Investigation

Statement of Work

Argentine Mining District Overview:

The Contractor shall furnish personnel, services, materials and equipment to identify and investigate Potentially Responsible Parties (PRPs), as defined in Section 107(a) of

CERCLA, for the Waldorf Mill and Adit (also referred to as Wilcox Tunnel) in the

Upper Clear Creek Watershed, approximately six miles southwest of Georgetown, Colorado (the Site). See attached map. The PRP search shall be conducted in conformance with the EPA “PRP Search Manual”, September 2009, EPA 330-K-09-

001A, and the USDA guidance document entitled “CERCLA Potentially Response Party

Search Guide”, July 2001 (or current versions). The search will culminate in a final report that contains all of the information detailed in this Statement of Work. The Report and all drafts shall be marked as “Confidential—Attorney Work Product—Do Not

Release.”

The Contractor will perform its work in phases and will consult with and receive further direction from the Forest Service and the USDA Office of the General Counsel after completion of each phase and before commencing each subsequent phase.

It is anticipated that the contract will be awarded on or around September 12, 2014. The contract expiration for both Phases 1 and 2 will be 120 days after the Notice to Proceed is authorized.

At the discretion of the US Forest Service, additional PRP Search sites within the

Argentine Mining District may be added as options within the scope. These optional sites may include, but not limited to, the Santiago Mill and Mine and the Vidler Tunnel. If option items exercised, the start date will be negotiated between the government and contractor on or before April 30, 2015.

Phase 1:

1. Agency Record Collection and File Review: Locate and obtain copies of all governmental records pertinent to the Site and relevant to the PRP search. Relevant records include, but are not limited to: correspondence, technical data and reports, claim records, permits, complaints, investigations, site owner records, and bankruptcy files.

This includes collecting and reviewing Forest Service and EPA records such as site characterization reports and documents.

2. History of Operations at the Site: Obtain information concerning activities at the site that may have resulted in the release of hazardous substances. This includes information about mining, milling, waste generation, waste disposal methods, and a history of any environmental enforcement action at the Site.

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3. Perform Title Search: Identify past and present site owners. Specific results of the title search include, but are not limited to; summaries of transactions involving the site property, identities of PRPs, identify past and present owners of the property, lease agreements with site operators, and copies of title documents.

4. Mapping: Prepare map of Site with 2 overlays: (1) showing ownership and (2) showing sources and areas of contamination, such as adits and tailings.

5. Draft Report: Prepare a draft report that contains the information gathered in Phase 1. In addition to the information listed in paragraphs 1 – 4 above, the draft shall include:

Introduction

Project background -- a brief "snapshot" of the Site.

Project approach, who performed the research and under whose direction.

List of contacts – all individuals and entities, including public agencies, which were contacted to collect information.

Overview of report -- presents the basic layout of the report.

NOTE: All facts stated in report must be supported by specifically referenced documents. If there are data gaps or certain required or expected information is not found, identify with specificity each place that was searched for that information.

Discussion Of The Site:

- Site History:

Site location and size, including national forest and county, geographical location.

Adjoining properties (if Site is mixed ownership, identification of which lands/claims are on public lands and which are on private).

Description of site history, including: site owners/operators; when operations began; type of operations; types of substances manufactured, treated, stored, or disposed of; whether the substances found on-site are in drums, containers, etc; permits applied for or granted; warnings or notices of violations issued by regulatory agencies. Includes chronology of who or what entities operated at the

Site, legal relationship to the Site, type of operations conducted at Site, site activities, relationship of operation of the Site to release or threatened release of hazardous substances.

Identify known and threatened releases of hazardous substances:

identify hazardous substances; levels found and contrast with regulatory limits; describe location of sources of release on the Site

(e.g., adits, waste rock, tailings, groundwater), and potential or known date of initial release.

- Property History:

Summarize the review of all title documents.

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In both narrative and table format, document ownership of the Site from at least the time when the contamination was created to the present. If there are data gaps in the title chain, document the reason for them such as that the records do not exist, are incomplete or other explanation. For mining sites include; mining claim history, parties in chain of title, and dates of ownership.

Present a title tree or chain of title (including corporate name changes of property owners, conveyances, quitclaims, deeds, and liens).

Provide corresponding references to the relevant documentation.

- Special Site Information:

Highlight any unique or complex features associated with sites such as municipal landfills, area-wide groundwater or stream contamination sites, sites where the source of contamination is not clear, and sites from which wastes were sent to satellite facilities.

Upon completion of Phase 1, the government will review/approve submittals for Phase 1and consult with the contractor if any additional items/clarification are needed. Upon acceptance/completion of Phase 1 the government will advise the contractor of when to begin

Phase 2.

Phase 2:

1. PRP Status/PRP History: For each PRP identified by the Forest Service as appropriate for further inquiry, indicate how and when it was involved with the Site and where on the Site it caused (or may have caused) a release of hazardous substances. If any of that information is not available, identify with specificity each location where Contractor looked for the information. Develop background information on corporations and individuals identified as

PRPs, including successor or parent corporation PRPs. Corporate information must include, but is not limited to, the date of incorporation, current status of the corporation, the fate of any inactive corporation, and parent or successor corporations.

2. PRP Names and Addresses: Obtain current PRP names and addresses necessary for the

Forest Service to contact each PRP. Other information, including current corporate address, registered agent, mergers, name changes, and dissolutions, must be included to ensure that

PRPs can be contacted.

3. Conduct Financial Research: Determine a company's or individual's ability to pay for remedial or natural resource actions.

4. Compile Waste-In Information: Develop waste-in information for waste-in lists and volumetric rankings of PRPs wherever practicable.

5. Records Compilation: Organize documents according to a system in order to maintain accurate documentation of all findings and to allow the user to easily access and review information in the documents.

6. Draft Report: Prepare a draft report that contains the information gathered in Phase 1 and

Phase 2. In addition to that required in the Phase 1 report, the Phase 2 draft report shall include:

PRP Synopsis:

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- Introduction.

- Discussion of the Site – Refer the reader to the first section of the report.

- Cite statutory provisions and relevant policy/guidance that support inclusion of each PRP.

- PRPs -- Owners/Operators

PRP full name, including complete middle name and date of birth and date of death (if any) for individuals.

Status (current owner, successor, etc.).

Most recent address, dates if the address may not be current, and phone number.

Headquarters address, if applicable.

Registered agent’s name and address.

President.

Current status.

Corporate information; state and date of incorporation, corporate status, name changes and mergers (include dates and reference supporting documents), status of business entity (e.g., in good standing, bankrupt, dissolved).

Provide a narrative description of basis for inclusion of each PRP. If possible, include whether release of hazardous substance occurred during ownership or operation and why/how the release occurred.

For parties who operated at the Site but who had no ownership interest, identify the type of legal instrument allowing operations to occur.

Identify how and when the party had control over the source of contamination.

Identify the type and volume of hazardous substances associated with each PRP. Include whether release of hazardous substance occurred during ownership and why/how the release occurred.

Provide financial information for each PRP and address ability to pay issues. Identify corporate subsidiaries and other related entities. Include credit information, most recent two SEC 10K filings for publically traded corporations, current assets/liabilities, and Dun & Bradstreet results.

For CERCLA sites involving mining and/or milling operations, in addition to the other information requirements, include the following information with the respective dates:

o Identification of mining claims and claimants o Proofs of labor and description of the labor performed o Notices of Intent and Plans of Operations submitted under the

Forest Service mining regulations (36 C.F.R. Part 228) and description of operations planned o Mine operators, activities, and current status

- PRPs -- Generators (same information as for owner/operators). Provide information in both a PRP summary and a volumetric ranking list format, to the extent this information is available.

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- PRPs -- Transporters (same information as for owner/operators). Provide information in both a PRP summary and a volumetric format similar to the generator lists as described above.

- Special PRP Information. Include any special information that may have a bearing on whether a party is ultimately notified by the Forest Service of its

PRP status. Examples include entities that have been or are in bankruptcy;

individuals who are deceased and a description of the status of their estates;

successor corporations; parent-subsidiary relationships; and defunct/insolvent

PRPs.

The Report shall include a table summarizing the PRP findings. The table must include the following headings: PRP/category, activities associated with the site, dates of those activities, whether or not the PRP has known assets, and indexed reference numbers (the reference number shall be placed at the top of each source/document) of sources or supporting documents. Following is an example of the format required.

PRP/category Dates Activities Activity

Reference #

Assets

(Y/N/U)

Ref. #

J.R. Person/ owner,operator

4/92-6/94 annual assessment work, road building, hand samples

### (N) ##

P.K Human/ operator

10/95-8/96 annual assessment work, exploratory drill holes and bulk sampling

(Y) ##, ##

M. Gossan/ owner

1/97-present inactive ### (Y) ##

Other Parties Associated with the Site

- Identify parties who may possess additional information on the site (e.g., witnesses, previous employees not yet located) and parties about whom information is currently not available to characterize them as a PRP. Present all relevant information here, such as names, addresses, phone numbers, basis for inclusion of this party in this subsection, and references.

Conclusions and Recommendations

- Summarize the identified PRPs and parties associated with the site.

- Include recommendations for additional actions and an estimate of the time and resources needed to perform those actions.

- Appendices - Include interview summaries, evidence sheets, and other documents referenced throughout the report.

Bibliography:

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- The report shall also include a bibliography of all literature consulted and identification (using an index) of specific literature references to PRPs.

- The index shall contain all supporting documents, using reference numbers.

The reference numbers shall also be used in the table, which references the activities and assets of the individual PRPs.

Appendix: supporting documentation includes, but is not limited to:

- Title Search

- Copies of Historical Records

- Manifests, contracts and invoices

- Corporate/business information

- Mining Claim Location Notices and Assessment Work

- Plans of Operation, Notices of Intent, and Permits

- Leases, Deeds

Number each page of the Appendix sequentially (e.g., A1, A2, A3). Refer to this page number when stating a fact in the PRP Report - e.g., In January, 1933, John Smith filed a location notice for the Strike It Rich Mine (A22). John Smith died in 1955 (A55). NOTE: No attempt needed to locate parties that were involved in the site over 70 years ago. The contractor need not attempt to locate or find death records for an individual who was involved in the site before 1944, or information indicates that the individual is more than 90 years old. If the contractor presently has an established procedure for determining reasonableness for research on age/time limitations, that information needs to be provided/approved by the government.

Option 1: Santiago Mill and Mine

Start date to be determined if Option 1 is exercised, no later than April 30 th, 2015.

1. Agency Record Collection and File Review: Locate and obtain copies of all governmental records pertinent to the Site and relevant to the PRP search. Relevant records include, but are not limited to: correspondence, technical data and reports, claim records, permits, complaints, investigations, site owner records, and bankruptcy files. This includes collecting and reviewing Forest Service and EPA records such as site characterization reports and documents.

may have resulted in the release of hazardous substances. This includes information about mining, milling, waste generation, waste disposal methods, and a history of any search include, but are not limited to; summaries of transactions involving the site property, identities of PRPs, identify past and present owners of the property, lease agreements with site operators, and copies of title documents.

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Project approach, who performed the research and under whose direction.

List of contacts – all individuals and entities, including public agencies, which were contacted to collect information.

Overview of report -- presents the basic layout of the report.

NOTE: All facts stated in report must be supported by specifically referenced documents. If there are data gaps or certain required or

Site location and size, including national forest and county, geographical location.

Adjoining properties (if Site is mixed ownership, identification of which lands/claims are on public lands and which are on private).

Description of site history, including: site owners/operators; when operations began; type of operations; types of substances manufactured, treated, stored, or disposed of; whether the substances found on-site are in drums, containers, etc; permits applied for or granted; warnings or notices of violations issued by regulatory agencies. Includes chronology of who or what entities operated at the

Site, legal relationship to the Site, type of operations conducted at Site, site activities, relationship of operation of the Site to release or threatened release of hazardous substances.

Identify known and threatened releases of hazardous substances:

identify hazardous substances; levels found and contrast with regulatory limits; describe location of sources of release on the Site

(e.g., adits, waste rock, tailings, groundwater), and potential or known date of initial release.

- Property History:

Summarize the review of all title documents.

In both narrative and table format, document ownership of the Site from at least the time when the contamination was created to the present. If there are data gaps in the title chain, document the reason for them such as that the records do not exist, are incomplete or other

8 | P a g e explanation. For mining sites include; mining claim history, parties in chain of title, and dates of ownership.

Present a title tree or chain of title (including corporate name changes of property owners, conveyances, quitclaims, deeds, and liens).

Provide corresponding references to the relevant documentation.

- Special Site Information:

Highlight any unique or complex features associated with sites such as municipal landfills, area-wide groundwater or stream contamination

Upon completion of Phase 1, the government will review/approve submittals for Phase 1 and acceptance/completion of phase 1 the government will advise the contractor of when to begin caused (or may have caused) a release of hazardous substances. If any of that information is not available, identify with specificity each location where Contractor looked for the information. Develop background information on corporations and individuals identified as

PRPs, including successor or parent corporation PRPs. Corporate information must include, but is not limited to, the date of incorporation, current status of the corporation, the fate of any inactive corporation, and parent or successor corporations.

2. PRP Names and Addresses: Obtain current PRP names and addresses necessary for the

Forest Service to contact each PRP. Other information, including current corporate address, registered agent, mergers, name changes, and dissolutions, must be included to ensure that

PRPs can be contacted.

3. Conduct Financial Research: Determine a company's or individual's ability to pay for remedial or natural resource actions.

4. Compile Waste-In Information: Develop waste-in information for waste-in lists and volumetric rankings of PRPs wherever practicable.

5. Records Compilation: Organize documents according to a system in order to maintain accurate documentation of all findings and to allow the user to easily access and review information in the documents.

6. Draft Report: Prepare a draft report that contains the information gathered in Phase 1 and

- Discussion of the Site – Refer the reader to the first section of the report.

- Cite statutory provisions and relevant policy/guidance that support inclusion of each PRP.

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- PRPs -- Owners/Operators

PRP full name, including complete middle name and date of birth and date of death (if any) for individuals.

Status (current owner, successor, etc.).

Most recent address, dates if the address may not be current, and phone number.

Headquarters address, if applicable.

Registered agent’s name and address.

President.

Current status.

Corporate information; state and date of incorporation, corporate status, name changes and mergers (include dates and reference supporting documents), status of business entity (e.g., in good standing, bankrupt, dissolved).

Provide a narrative description of basis for inclusion of each PRP. If possible, include whether release of hazardous substance occurred during ownership or operation and why/how the release occurred.

For parties who operated at the Site but who had no ownership interest, identify the type of legal instrument allowing operations to occur.

Identify how and when the party had control over the source of contamination.

Identify the type and volume of hazardous substances associated with each PRP. Include whether release of hazardous substance occurred during ownership and why/how the release occurred.

Provide financial information for each PRP and address ability to pay issues. Identify corporate subsidiaries and other related entities. Include credit information, most recent two SEC 10K filings for publically traded corporations, current assets/liabilities, and Dun & Bradstreet results.

For CERCLA sites involving mining and/or milling operations, in addition to the other information requirements, include the following information with the respective dates:

o Identification of mining claims and claimants o Proofs of labor and description of the labor performed o Notices of Intent and Plans of Operations submitted under the

Forest Service mining regulations (36 C.F.R. Part 228) and description of operations planned o Mine operators, activities, and current status

- PRPs -- Generators (same information as for owner/operators). Provide information in both a PRP summary and a volumetric ranking list format, to the extent this information is available.

- PRPs -- Transporters (same information as for owner/operators). Provide information in both a PRP summary and a volumetric format similar to the generator lists as described above.

- Special PRP Information. Include any special information that may have a bearing on whether a party is ultimately notified by the Forest Service of its

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PRP status. Examples include entities that have been or are in bankruptcy;

individuals who are deceased and a description of the status of their estates;

dates of those activities, whether or not the PRP has known assets, and indexed reference numbers (the reference number shall be placed at the top of each

Assets

(Y/N/U)

Ref. #

J.R. Person/ owner,operator

4/92-6/94 annual assessment work, road building, hand samples

### (N) ##

P.K Human/ owner

1/97-witnesses, previous employees not yet located) and parties about whom information is currently not available to characterize them as a PRP. Present

- Include recommendations for additional actions and an estimate of the time and resources needed to perform those actions.

identification (using an index) of specific literature references to PRPs.

- The index shall contain all supporting documents, using reference numbers.

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- Copies of Historical Records

- Manifests, contracts and invoices

- Corporate/business information

- Mining Claim Location Notices and Assessment Work

Option 2: Vidler Tunnel

Start date to be determined if Option 2 is exercised, no later than April 30th, 2015.

1. Agency Record Collection and File Review: Locate and obtain copies of all governmental records pertinent to the Site and relevant to the PRP search. Relevant records include, but are not limited to: correspondence, technical data and reports, claim records, permits, complaints, investigations, site owner records, and bankruptcy files. This includes collecting and reviewing Forest Service and EPA records such as site characterization reports and documents.

may have resulted in the release of hazardous substances. This includes information about mining, milling, waste generation, waste disposal methods, and a history of any search include, but are not limited to; summaries of transactions involving the site property, identities of PRPs, identify past and present owners of the property, lease agreements with site operators, and copies of title documents.

Project approach, who performed the research and under whose direction.

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List of contacts – all individuals and entities, including public agencies, which were contacted to collect information.

Overview of report -- presents the basic layout of the report.

NOTE: All facts stated in report must be supported by specifically referenced documents. If there are data gaps or certain required or

Site location and size, including national forest and county, geographical location.

Adjoining properties (if Site is mixed ownership, identification of which lands/claims are on public lands and which are on private).

Description of site history, including: site owners/operators; when operations began; type of operations; types of substances manufactured, treated, stored, or disposed of; whether the substances found on-site are in drums, containers, etc; permits applied for or granted; warnings or notices of violations issued by regulatory agencies. Includes chronology of who or what entities operated at the

Site, legal relationship to the Site, type of operations conducted at Site, site activities, relationship of operation of the Site to release or threatened release of hazardous substances.

Identify known and threatened releases of hazardous substances:

identify hazardous substances; levels found and contrast with regulatory limits; describe location of sources of release on the Site

(e.g., adits, waste rock, tailings, groundwater), and potential or known date of initial release.

- Property History:

Summarize the review of all title documents.

In both narrative and table format, document ownership of the Site from at least the time when the contamination was created to the present. If there are data gaps in the title chain, document the reason for them such as that the records do not exist, are incomplete or other explanation. For mining sites include; mining claim history, parties in chain of title, and dates of ownership.

Present a title tree or chain of title (including corporate name changes of property owners, conveyances, quitclaims, deeds, and liens).

Provide corresponding references to the relevant documentation.

- Special Site Information:

Highlight any unique or complex features associated with sites such as municipal landfills, area-wide groundwater or stream contamination

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Upon completion of Phase 1, the government will review/approve submittals for Phase 1 and acceptance/completion of phase 1 the government will advise the contractor of when to begin caused (or may have caused) a release of hazardous substances. If any of that information is not available, identify with specificity each location where Contractor looked for the information. Develop background information on corporations and individuals identified as

PRPs, including successor or parent corporation PRPs. Corporate information must include, but is not limited to, the date of incorporation, current status of the corporation, the fate of any inactive corporation, and parent or successor corporations.

2. PRP Names and Addresses: Obtain current PRP names and addresses necessary for the

Forest Service to contact each PRP. Other information, including current corporate address, registered agent, mergers, name changes, and dissolutions, must be included to ensure that

PRPs can be contacted.

3. Conduct Financial Research: Determine a company's or individual's ability to pay for remedial or natural resource actions.

4. Compile Waste-In Information: Develop waste-in information for waste-in lists and volumetric rankings of PRPs wherever practicable.

5. Records Compilation: Organize documents according to a system in order to maintain accurate documentation of all findings and to allow the user to easily access and review information in the documents.

6. Draft Report: Prepare a draft report that contains the information gathered in Phase 1 and

- Discussion of the Site – Refer the reader to the first section of the report.

- Cite statutory provisions and relevant policy/guidance that support inclusion of each PRP.

- PRPs -- Owners/Operators

PRP full name, including complete middle name and date of birth and date of death (if any) for individuals.

Status (current owner, successor, etc.).

Most recent address, dates if the address may not be current, and phone number.

Headquarters address, if applicable.

Registered agent’s name and address.

President.

Current status.

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Corporate information; state and date of incorporation, corporate status, name changes and mergers (include dates and reference supporting documents), status of business entity (e.g., in good standing, bankrupt, dissolved).

Provide a narrative description of basis for inclusion of each PRP. If possible, include whether release of hazardous substance occurred during ownership or operation and why/how the release occurred.

For parties who operated at the Site but who had no ownership interest, identify the type of legal instrument allowing operations to occur.

Identify how and when the party had control over the source of contamination.

Identify the type and volume of hazardous substances associated with each PRP. Include whether release of hazardous substance occurred during ownership and why/how the release occurred.

Provide financial information for each PRP and address ability to pay issues. Identify corporate subsidiaries and other related entities. Include credit information, most recent two SEC 10K filings for publically traded corporations, current assets/liabilities, and Dun & Bradstreet results.

For CERCLA sites involving mining and/or milling operations, in addition to the other information requirements, include the following information with the respective dates:

o Identification of mining claims and claimants o Proofs of labor and description of the labor performed o Notices of Intent and Plans of Operations submitted under the

Forest Service mining regulations (36 C.F.R. Part 228) and description of operations planned o Mine operators, activities, and current status

- PRPs -- Generators (same information as for owner/operators). Provide information in both a PRP summary and a volumetric ranking list format, to the extent this information is available.

- PRPs -- Transporters (same information as for owner/operators). Provide information in both a PRP summary and a volumetric format similar to the generator lists as described above.

- Special PRP Information. Include any special information that may have a bearing on whether a party is ultimately notified by the Forest Service of its

PRP status. Examples include entities that have been or are in bankruptcy;

individuals who are deceased and a description of the status of their estates;

dates of those activities, whether or not the PRP has known assets, and indexed reference numbers (the reference number shall be placed at the top of each

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Assets

(Y/N/U)

Ref. #

J.R. Person/ owner,operator

4/92-6/94 annual assessment work, road building, hand samples

### (N) ##

P.K Human/ owner

1/97-witnesses, previous employees not yet located) and parties about whom information is currently not available to characterize them as a PRP. Present

- Include recommendations for additional actions and an estimate of the time and resources needed to perform those actions.

identification (using an index) of specific literature references to PRPs.

- The index shall contain all supporting documents, using reference numbers.

- Copies of Historical Records

- Manifests, contracts and invoices

- Corporate/business information

- Mining Claim Location Notices and Assessment Work