Attachment 2 Statement of Work - 1240LQ23Q0109 Tomboy Mine Preliminary Inspection.pdf

US Department of Agriculture (USDA)

Statement of Work

Tomboy Mine Preliminary Assessment/Site Inspection

Contents Project General Information

1.0 Scope of Work

2.0 Background

2.1 Tomboy Mine

2.2 Victor Mine (OPTIONAL)

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor’s Key Personnel

8.0 Security Requirements

9.0 Data Rights

10.0 Section 508 – Electronic and Information Technology Standards

Appendix A(1): Tomboy Mine Location Overview Map Appendix A(2): Victor Mine Location Overview Map Appendix B(1): Tomboy Mine Pre-CERCLA Screening Report Appendix B(2): Victor Mine Pre-CERCLA Screening Report

Project Tomboy Mine PA/SI

General Information

1.0 Scope of Work

The Forest Service is requesting a proposal for a Preliminary Assessment and Site Inspection Report (PA/SI) and streamlined risk assessment for the Forest Service-owned portion of the mixed-ownership, abandoned/inactive Tomboy mine, located on the Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests. The Forest Service is also requesting a proposal for an optional bid item to conduct a separate PA/SI at the abandoned/inactive Victor mine, which may or may not be awarded, depending on the availability of funding.

This work is to be completed in 2023 and work conducted at the site will follow the CERCLA process. This includes conducting various evaluations, studies, and reports as specified in the National Contingency Plan (NCP) found in 40 CFR 300 or other federal or state hazardous waste cleanup regulations. Some of the reports in the Tasks listed may be reviewed by entities outside of the Forest Service (for example, the Environmental Protection Agency (EPA) and the Colorado Division of Reclamation, Mining, and Safety (DRMS)). The Contractor shall prepare responses for the government to any comments generated by these reviews, provide any additional information requested, and modify the final product(s) as necessary.

The Contractor shall be required to collect water, soil, and/or sediment samples in the field. The Contractor shall assume financial responsibility for re-sampling if data is unusable because of identified problems with sampling techniques, handling or shipping problems, sampling requirements (such as insufficient sample material collected, inappropriate sample preservation, inappropriate sample locations, etc.) as well as laboratory error or laboratory cross-contamination.

The Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) is applied to sampling and analytical activities. QA/QC procedures and results must be documented. When appropriate, this documentation would be included in work products; otherwise, it would be available to the Government upon request.

In addition, the Contractor while working on any Task under this contract shall consult with and provide technical data and advice to Forest Service officials and staff; attend, report, and advise at meetings and conferences with regulators and other parties; and analyze any other data pertinent to the projects when required.

2.0 Background

2.1 Tomboy Mine

The Tomboy Mine site is located on the Norwood Ranger District of the GMUG National Forests. The site is mixed ownership and is located on land owned by Newmont Company and on National Forest System (NFS) land. The site is a historical mining and milling townsite and includes multiple deteriorated structures, waste rock piles, and dispersed mill tailings. This PA/SI will focus only on the Forest Service-owned portion of the site. The Forest Service is evaluating a potential CERCLA removal action of mine waste at the site. A Site overview location map and a map showing approximate Site boundaries are included in Appendix A.1.

The approximate location of the site is 37°56'17.58"N, 107°45'28.24"W. The site is accessed via Imogene Pass Road (National Forest System Road 869), approximately 4.7 miles from Telluride, Colorado and requires a high clearance 4-wheel drive vehicle. The site is situated at approximately 11,500 feet above mean sea level (AMSL), so access to the site is generally limited to July through September.

In 2022, the Forest Service, in cooperation with the EPA, DRMS, and Trout Unlimited, conducted a Pre-CERCLA Screening (PCS) on the Forest Service portion of the site. This included collecting composite and grab samples of mine waste and conducting XRF analysis. The PCS Report is attached in Appendix B.1. The mine waste/soil samples collected for the PCS showed Arsenic levels up to 1,020 ppm and Lead up to 32,600 ppm. The PCS did not collect or analyze any water samples at the site. The site includes multiple braided streams, and one focus area of this PA/SI is to collect and analyze water samples to determine whether there is a release of hazardous materials into surface water and to determine if there is a release of hazardous materials from Newmont-owned land onto NFS land.

2.2 Victor Mine (OPTIONAL)

The Victor Mine is located on NFS land, on the Norwood Ranger District of the GMUG National Forests. The site includes a waste rock pile with a wetland at the toe of the pile and a draining adit discharging over the waste material and into the downgradient wetland. A site overview map is included in Appendix A.2.

The approximate location of the site is 37°51'17.47"N, 107°49'19.04"W. The site is accessed by parking on Ophir Pass Road at the trailhead near Waterfall Canyon, in East Ophir. Follow the trail/former mine haul road south of East Ophir and cross a small footbridge near the confluence of Howard Fork and Waterfall Canyon. The total hike time to reach the site is approximately 10-20 minutes. The site is situated at approximately 9,850 feet AMSL.

In 2020, the Forest Service, in cooperation with the EPA, DRMS, and Trout Unlimited, conducted a PCS on the site. The PCS included collecting and analyzing water samples of adit drainage and surface water samples in the Howard Fork upstream and downstream of the site, collecting and analyzing composite and grab samples of mine waste, and conducting XRF analysis on the mine waste. The PCS Report is attached in Appendix B.2. The mine waste/soil samples collected showed Lead up to 2,880 ppm and Arsenic up to 128 ppm.

Contractor Requirements

3.0 Technical Requirements / Tasks

The following specifications outline work to be performed at the site(s); however, the Government reserves the right to modify specific project activities based on new statutes or regulations, changed conditions or standards, the advice of the involved Contractor, or other circumstances as may be indicated.

The Contractor shall avoid duplication of prior efforts in gathering and assimilating site information and recommend opportunities for early actions to reduce site risks as quickly as possible. The Contractor shall utilize the most applicable and current regulations and guidance documents when conducting work. The Contractor shall continually look for and implement ways to streamline activities and minimize costs without compromising quality. The Contractor shall assign work to personnel at the appropriate professional and/or technical levels with the appropriate skills to most efficiently perform tasks.

We request that your company prepare a proposal; which shall include: a work plan stating the technical approach (with emphasis on the more complex components of work, such as determination of the extent of additional required Field Sampling), resumes for key personnel, relevant past work, cost breakdown, and work schedule/timeline; according to the following tasks:

• Task 1 - Preparation of Health and Safety Plan (HASP) and Quality Assurance Project Plan (QAPP) in accordance with EPA guidelines. A review of existing data, photographs, and other historical site information provided by the USFS. Prepare Field Sampling Plan (FSP) in accordance with EPA guidelines for field sampling and analyses.

Perform Field Sampling according to approved HASP, QAPP, and FSP.

Since the sites are historical mine facilities containing waste materials associated with hard rock minerals, the presence of metals contamination is likely. Levels of metals may exceed human health criteria. To protect workers, a site-specific Health and Safety Plan (HASP) will be prepared prior to the initiation of on-site sampling and investigative activities. The HASP and Site Inspection will be prepared and conducted in accordance with the requirement of 29 CFR 1920.120.

Prepare a Quality Assurance Project Plan (QAPP). The quality assurance/quality control procedures shall meet or exceed those specified in EPA guidance, including, but not limited to: the “Quality Assurance/Quality Control Guidance for Removal Activities: Sampling QA/QC Plan and Data Validation Procedures”, OSWER Directive

9360.4-01, ”EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5”, EPA/240b-01/003, and “EPA Guidance for Quality Assurance Project Plans”, QA/G-5, December 2002 (or latest revisions).

The Contractor shall review existing analytical data and other sampling information, site figures, photographs, and available online maps. The existing data shall be provided in EPA PCS Reports which include site descriptions, tabulated data, figures, and photographs for each site. All existing information including figures and photographs should be used to the extent possible in Task 3.

The FSP shall be prepared in accordance with general industry standards. The proposal shall include a list of the environmental media to be sampled, the number of samples to be collected, and laboratory analyses that will be conducted. The FSP shall include the following, at a minimum: list of the number and locations of samples, field procedures, list of analytical suite for each media to be sampled, applicable laboratory procedures, laboratory qualifications/certifications, and reporting requirements. Data from Synthetic Precipitation Leaching Procedure (SPLP) (Method 1312) is required from the samples collected in mine wastes.

As discussed above, the Site Inspection activities will be conducted according to procedures outlined in the site-specific FSP, QAPP, and HASP. The Contractor shall travel to the site(s) during one field to complete sampling and testing and to become familiar with site conditions and surrounding environment, including observations of site drainage/runoff, streams/creeks, proximity of waste to recreational and sensitive environmental features (e.g., trailheads, wetlands, etc.). GPS locations of the sampling sites and photographs of the sites are required for preparation of the PA/SI report. All sampling locations shall be logged by GPS and geo-located. Figures and maps delineating areas of contamination and site boundaries shall be prepared in a GIS compatible format.

• Task 2 - Assess PA/SI level risk evaluation by providing data tables, comparing analytical results to relevant CDPHE human/aquatic water quality standards, EPA Preliminary Remediation Goals (PRG) and Regional Screening Levels (RSL), EPA Ecological Soil Screening Levels (EcoSSL), and available site-specific background metals concentrations that represent unimpacted naturally occurring areas near the sites.

Conduct an assessment and comparison of site characterization data to appropriate human health and ecological screening standards and benchmarks, which are relative to site exposure scenarios and pathways. The risk evaluation/assessment and comparison of existing water quality data to State Water Quality standards and soil/waste data to EPA RSLs/EcoSSLs will be conducted: to characterize the environmental setting of the site, to assess relative hazards to human health and the environment, and in accordance with GMUG abandoned mine land characterization procedures. The comparison of existing analytical data to readily available human health and ecological benchmarks shall include CDPHE Human Health and Aquatic Life Water Quality Standards (including site-specific hardness-based adjustments), EPA RSLs, EPA EcoSSLs, and available site-specific water and soil background data. Other relevant standards or benchmarks may be proposed by the Contractor as available. The Contractor shall provide an example table with all benchmarks for Forest Service approval prior to proceeding with Task 3.

• Task 3 - Prepare Preliminary Assessment/ Site Inspection report in accordance with EPA guidance and generally accepted procedures for characterization of abandoned mine sites, which incorporate results of previous tasks.

If the optional bid item is awarded, two separate PA/SI reports shall be prepared (one PA/SI for the Tomboy Mine and a separate PA/SI for the Victor Mine). The Contractor shall submit a draft PA/SI report to the Forest Service for review. Allow a minimum of 2 weeks for Forest Service review. Once the Forest Service has reviewed the draft report and submitted comments to the Contractor, the Contractor shall make any necessary changes to the draft report and then submit the Final Report.

4.0 Government Furnished

The Forest Service shall provide information on site locations and access, proposed removal methods, and any necessary GIS data and technical reports needed to accomplish the work tasks. All draft documents shall be reviewed by Forest Service specialists, and comments/edits will be communicated back to the Contractor for consideration and incorporation prior to transmittal of the final report. No government-furnished property or facilities will be provided to support the contract.

5.0 Deliverables / Schedule

Timely submission of deliverables is essential to successful completing this requirement. Schedules for deliverables are specified below. All deliverables shall be prepared and submitted according to format, content, and schedule described in this Request for Proposal and in the Contractor’s proposal. All “hard copy” deliverables will be submitted on recycled content paper and printed double-sided. The Draft PA/SI report shall be submitted electronically via email, USB drive, or a shared file location. The Contractor shall submit (2) hard copies of the Final PA/SI report. The Final PA/SI report shall also be submitted electronically on a USB drive.

Key Deliverables Task No. Deliverable Submission Method Due 1 Preparation of HASP and QAPP, Evaluation of Existing Data, Preparation of FSP, and Performing Field Work Plans

Electronic September 30, 2023

2 Risk Evaluation and Standards/Benchmarks Comparison Assessment Tables

Electronic November 1, 2023

3 Draft PA/SI Report Electronic December 15, 2023

4 Final PA/SI Report Electronic and Hard Copy January 20, 2024

6.0 Travel

The Contractor shall incorporate all travel and travel-related expenses as a lump sum cost into the “Task 1” line item for each project. The Contractor shall notify the FS COR at least a week prior to the start of any field work with the anticipated schedule and locations of site visits, and immediately check back in with the FS COR upon return from each trip. The attached Project Location Maps identify the specific mine feature locations for this contract. The site visits shall be completed in Summer 2022.

7.0 Contractor’s Key Personnel

Key Personnel shall have an understanding of map reading and navigational skills in mountainous terrains; experience locating and recognizing historic, inactive mine-related features in the field and sampling of mine wastes and water.

8.0 Security Requirements

No specific security requirements are associated with this proposal.

9.0 Data Rights

The data, reports, and draft documents generated under this contract will be integrated into the public CERCLA administrative record maintained by the FS for projects involving removal or remediation of hazardous mine waste materials. The reservation of any data rights is not applicable since the information will be publicly available.

10.0 Section 508 – Electronic and Information Technology Standards All final electronic reports produced under this contract are required to be compliant with Section 508 of the Rehabilitation Act.

Appendix A(1): Tomboy Mine Location Overview Map

Site Overview Map - Tomboy Mine

Site Map - Tomboy Mine

Site Boundaries Map – Tomboy Mine (USFS owns green shaded parcels in general site area (595B and 2241). Surrounding parcels at site are owned by Newmont Mining Company)

Appendix A(2): Victor Mine Location Overview Map

Site Overview Map - Victor Mine

Site Map - Victor Mine

Appendix B(1): Tomboy Mine Pre-CERCLA Screening Report

Pre-CERCLA Screening Checklist/Decision Document

Tomboy Mine

San Miguel County, Colorado

September 7, 2022

EPA Region 8

Site Assessment Program 1595 Wynkoop Street

Denver, CO 80202

Pre-CERCLA Screening–Tomboy Mine Pre-CERCLA1 Screening (PCS) and sampling was conducted at the Tomboy Mine on September 7, 2022, in coordination with Region 8 Environmental Protection Agency (EPA) Site Assessment Program, the US Forest Service, and Colorado Division of Reclamation Mining and Safety and other members of the Colorado Mixed-Ownership Team. Sampling and analysis were completed in accordance with the EPA-approved 2022 Pre- CERCLA Screening, Colorado Draining/Abandoned Mines, Multiple Locations, Colorado, Sampling and Analysis Plan/Quality Assurance Project Plan, prepared by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, May 2022.

The PCS Checklist/Decision Document, as required by EPA Pre-CERCLA Guidance (Office of Land and Emergency Management (OLEMJ) Directive# 9200.3-107, is included as Attachment A. A sample location figure and summary of soil and water analytical results as reported by the EPA Contract Laboratory is included in Attachment B.

1 Comprehensive Environmental Response, Compensation, and Liability Act

San Miguel County, Colorado

Attachment A:

Pre-CERCLA Screening Checklist Decision Form

Pre-CERCLA Screening Checklist/Decision Form

This form is used in conjunction with a site map and any additional information required by the EPA Region to document completion of a Pre-CERCLA Screening (PCS). The form includes a decision on whether a site should be added to the Superfund program’s active site inventory for further investigation.

EPA Region: 8 State: Colorado

EPA ID No. (If Available): Not Applicable

Site Category: CO Draining and Abandoned Mines

Select a Site Name (Primary): Tomboy

Site Number: Not Applicable Date of Site Visit: September 7, 2022 Time of Site Visit: 11:30

Checklist Preparer

Title: Site Assessment/US Forest Service PM

Name: Jean Wyatt/Brian Barrett

Organization: EPA

Street Address: 1595 Wynkoop St

City: Denver

State: Colorado Zip Code: 80401

Phone: (303) 312-6258

Email: Wyatt.jean@epa.gov

Site Contact

Title: N/A

Name: N/A

Organization: N/A

Street Address: N/A

City: N/A

State: N/A Zip Code: N/A

Phone: N/A

Email: N/A

Site Information - Preliminary

Site Name (Alternate 1): N/A

Site Name (Alternate 2): N/A

Region: 8

State: Colorado County: San Miguel

Congressional District: 3

Township & Range:

Section:

Section (1/4):

Section (1/16):

Spatial Location

Latitude: 37.936604

Longitude: -107.757076

Collection Method: Google Earth Pro

Horizontal Accuracy in Meters: NA

Site Description (of this Spatial Location):

Approximate Center of Site

Preliminary Assessment - Historical Data CERCLA 105d Petition for Preliminary Assessment: No

Petition Date: Not Applicable

RCRA Subtitle C Site Status: Is site in RCRA Info?: No

RCRAInfo Handler ID #: Not Applicable

Additional RCRAInfo ID #: Not Applicable

State ID: None

Ownership Type: Mixed Ownership

Site Type: Mining

Site Sub-Type: Hard Rock Mining

Federal Facility: No

Federal Facility Owner: Not Applicable

Federal Facility Operator: Not Applicable

Formerly Used Defense Site (FUDS): No

Federal Facility Docket: No

Federal Facility Docket Listing Date: Not Applicable

Federal Facility Docket Reporting Mechanism: Not Applicable

Native American Interest: Unknown

Tribe: Not Applicable Additional Tribe: Not Applicable

Other ID:

Site Description - Physical Setting

Abandoned Mine Site: Yes

Buildings: Buildings Present

Mill or Milling Equipment or Tailing Present: Yes

Steep Waste Piles: Yes

Safety Hazards Present: Yes

Safety Hazards possibility of surface subsidence such as open stopes, Miscellaneous Debris

Accessibility (provide details with regard to ability to access the site) dirt/jeep road, old mining roads/trails

Time it takes to reach this site (Hours: Minutes): From Telluride: approx. 1 hour

Detailed description of how the site was accessed: 4.6 miles on Imogene Pass Road (aka FS Road 869 travel)

Adjacent to Resident(s): No

Adjacent Residential Features: Not Applicable

Mountainous Steep Terrain: Yes

Vegetation Present: Yes

Vegetation Density: minimal; edge of tree line

Surface Water Body on or Adjacent to the Site: Yes

Open Fields: Possible/some

Waste Pile Erosion Observed: Yes

Describe Waste Pile Run Off: Some evidence of erosion channels. Bright blue drainage observed starts at the base of the north side of pile.

Tailings Erosion Observed: Yes

Describe Tailings Run Off: Many braided channels going through the tailings and into adjacent Savage Creek.

Draining Adits or Seeps Discharge from the Site: Yes, seeps only

Adits Flow Rate from Site: Seeps flow through many areas of tailings, relatively significant

Describe Adit Flow from Site: No adit flow observed.

Draining Adits or Seeps Discharge Across Waste Piles: Yes, at base of pile and across other tailings areas.

Draining Adits or Seeps Discharge to Adjacent Habitat: Yes

Adit Flows into what habitat: Stream, with some riparian areas

Habitat Name: Savage Creek

Physical Setting and Access Features: Steep mountainous jeep access road with open/unfenced abandoned mine waste areas located along dirt roads. Hiking and recreational areas created throughout the abandoned mine features as well as vegetated wildlife habitat and creek.

Physical Setting (Field Notes - provide a brief summary of physical setting including notable safety concerns, waste types, human uses/exposures to wastes, runoff/drainage, and notable habitat/ecological use):

Open areas directly off of Forest Service Road. Site is accessible by driving jeep roads with waste areas adjacent to the roads. Some steep areas, but nothing to prevent motorized use. Visible signs of active recreational use including fire pits and broken glass bottles. Waste pile and tailings areas are devoid of vegetation. Heavy marmot use of the area.

Site Description - Land Use

Observed/likely fishing/consumption of fish/aquatic organisms at the mine site or within ¼ miles downstream:

No

Are there other observed sensitive environments on-site or downstream of the waste area(s) within ¼ mile?

Some wetland areas observed in between wastes areas

Sensitive Environment (wetland, stream, creek, river, known to be in the vicinity of a National Park, designated federal/state wildlife or scenic area, fish hatchery/spawning area, designated for wildlife or game management, known to be used by or designated critical habitat for Threatened or Endangered Species, or any other sensitive environment critical to supporting wildlife): Not observed.

Other Sensitive Environments: Not observed.

Land Use (Field Notes – provide a brief summary of human/ecological type of use and use level (e.g., heavily used for biking and camping; observed camp fire rings and picnic tables at the site immediately adjacent to the waste runoff; narrow foot trail with difficult steep access to the waste areas and minimal use of the area, etc.):

Heavy recreational/jeep use; fire rings, waste areas are easily accessed and attractive for use by recreationalists;

historical town site is attraction and frequently used by recreationalists; No signage for trespassing.

Road/Trail Type: 4-Wheel Track/Jeep road

Human Activity Type: Recreational/possible camping

Residential Density: Not Applicable

Recreational Density: Heavy traffic

Camping Frequency: Minimal

Fishing Frequency: Not Applicable

Hiking Frequency: Moderate

Biking Frequency: Minimal

Picnicking Frequency: Heavy/Moderate

Ecological Activity: Moderate

Roads/Trails: Yes

Human Activity: Yes

Residential: No

Recreational Use: Yes

Camping: Maybe

Fishing: No

Hiking: Yes

Biking: Yes

Picnicking: Yes

Ecological Activity: Yes

Site Surface Description

Draining Adit: No

Waste Piles: Yes

Airborne Release of Fine Material/Dust: Yes

Surface Water on or Immediately Adjacent: Yes

Wetlands on or Adjacent to Site: Yes

Forested on or Adjacent to the Site: Yes/edge of tree line

Site Surface (Field Notes): Highly active seeps observed draining across tailings on Forest managed lands; Draining adits observed on upgradient and adjacent mine areas that are located on private property. There is a small dam with pooling that is along upgradient end of Savage Creek.

Site Description - Other

Groundwater Seeps Observed: Yes

Primary Drainage Name: Marshall Creek/San Miguel River

Groundwater Seeps (Field Notes): Multiple observed at base of waste pile/tailings piles

Previous Investigations: Yes

Investigation Type: Unknown

Who Completed Investigations at this Site: State

Cleanup Activities: Minimal Cleanup Type: Minimal, some concrete channels observed

Site Description Cleanup Field Notes: Some concrete channels; nothing done on waste piles; some channels are located on tailings piles

Who Completed Cleanup Activities at this Site: Landowner via consent decree with the State

Previous Regulatory Actions (Permitting and Enforcement): Portions of the area are under consent decree for continuous monitoring by Responsible Party

Previous Regulatory Type: State oversight

Site Feature Name(s): Not Applicable

Field Note(s): Not Applicable

Who Completed Regulatory Actions at this Site: Not Applicable

Institutional Controls: No Institutional Control Type: Not Applicable

Institutional Controls (indicate name/entity on signs/controls): Not Applicable

Community Interest: Yes Community Interest Type: Local community

Community Interest (Indicate watershed group or other interest group): San Miguel Watershed Group/San Miguel County; Possibly the town of Telluride

Draining Adit Type: Not applicable

Number of Waste Piles: 1 large pile with distinct lobes

Water Body Name: Savage Creek

Riparian on or Adjacent to the Site: Yes

Survey Form

1. An initial search for the site in EPA's Superfund active, archive and non-site inventories should be performed prior to starting a PCS. Is this a new site that does not already exist in these site inventories?

Yes

2. Is there evidence of an actual release or a potential to release?

Evidence of Potential Release Yes

3. Are there possible targets that could be impacted by a release of contamination at the site? Yes

4. Is there documentation indicating that a target has been exposed to a hazardous substance released from the site? No

5. Is the release of a naturally occurring substance in its unaltered form, or is it altered solely through naturally occurring processes or phenomena, from a location where it is naturally found?

No

6. Is the release from products which are part of the structure of, and result in exposure within, residential buildings or business or community structures? No

7. If there has been a release into a public or private drinking water supply, is it due to deterioration of the system through ordinary use? No

8. Are the hazardous substances possibly released at the site, or is the release itself, excluded from being addressed under CERCLA? No

9. Is the site being addressed under RCRA corrective action or by the Nuclear Regulatory Commission? No

10. Is another federal, state, tribe or local government environmental cleanup program other than site assessment actively involved with the site (e.g., state voluntary cleanup program)? No

11. Is there sufficient documentation or evidence that demonstrates there is no likelihood of a significant release that could cause adverse environmental or human health impacts?

No

12. Are there OTHER site-specific situations or factors that warrant further CERCLA remedial/integrated assessment or response? Yes

US EPA Pre-CERCLA Checklist/Decision Form OLEM 9355.1-119, February 2018.

Current version of the PCS checklist and additional information is available at:

https://www.epa.gov/superfund/pre-cercla-screening.

https://www.epa.gov/superfund/pre-cercla-screening

Preparer’s Recommendation

Preparer's Recommendation: Do not add site to the Superfund active site inventory.

Please explain recommendation below: Tailings/soil contamination located on the Forest Service-managed land portion of a large mine waste area is extremely elevated for arsenic and especially lead ranging up to 32,600 mg/kg lead and 1,020 mg/kg arsenic. The site is above Telluride and heavily recreated by jeeps and a hiking trail from town. Waste material is directly adjacent to and discharges into Savage Creek which is upstream of the San Miguel River. Although surface water samples were not collected during this event due to private property access constraints, wastes are observed immediately adjacent to the creek and may be expected to be impacting surface water and migrating downstream.

Savage Creek and other downstream water bodies should be sampled to determine levels of contamination that may be discharging from the site.

No further action by EPA is recommended at this time since contamination is located on US Forest Service managed lands and the surrounding private property is currently being addressed by CDPHE under Superfund. Due to significantly elevated arsenic and lead concentrations detected in the several areas located along the regularly used jeep and hiking trails, and the significant tourist and recreational use of the area, the site is referred to the US Forest Service for additional consideration.

Assessor's Name: Robyn Blackburn

Date: March 7, 2023

EPA Regional Review and Pre-CERCLA Screening Decision

EPAs Recommendation:

Add site to the Superfund active site inventory for completion of a:

☐ Standard/full preliminary assessment (PA)

☐ Abbreviated preliminary assessment (APA)

☐ Combined Preliminary Assessment/Site Inspection (PA/SI)

☐ Integrated Removal Assessment and Preliminary Assessment

☐ Integrated Removal Assessment and Combined PA/SI

☐ Other Description

Do not add site to the Superfund active site inventory. Site is:

☐ Not a valid site or incident

☐ Refer to/being addressed by EPA’s Removal Program

☐ Refer to/being addressed by a State cleanup program

☐ Refer to/being addressed by Tribal cleanup program

☐ Refer to/being addressed under Resource Conservation and Recovery Act (RCRA)

☐ Refer to/being addressed by the Nuclear Regulatory Commission (NRC)

☑ Other Description:

Refer to Forest for cleanup. Arsenic and lead concentrations in soil/waste are extremely elevated on Forest Service managed lands that are accessible and regularly used by tourists/recreational. Reported concentrations are significantly above all corresponding EPA risk screening benchmarks for residential, industrial, and recreational use scenarios.

EPA Region 8 Reviewer’s Name: Jean Wyatt

EPA Region 8 Reviewer’s Signature:

Site Location

Photographs

Overview of Site

Tomboy Mine (9/7/2022)

2022 Colorado Draining Mines Pre-CERCLA Screening

Blue staining stream below waste pile

Savage Creek and Dispersed Tailings. Mill foundation at center right of pic near parked cars

Savage Creek metal drum. Just below top of mill foundation

Top of mill foundation and Savage Creek

Top of mill foundation

Waste pile

Attachment B:

Pre-CERCLA Sampling and Analysis Summary

Aluminum Antimony Arsenic Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Mercury Molybdenum Nickel Potassium Selenium Silica (SiO2) Silver Sodium Thallium Uranium Vanadium Zinc mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg

TBM-SO-COMP-MP01-01 Total Recoverable Metals Soil 9/7/2022 12:38 7880 5.49 J 1020 61.4 <1.97 10.4 1070 5.58 J 14 719 89100 23400 4190 8400 1.061 89.2 4.52 J 1790 <7.38 4830 50.8 <246 <4.92 0.762 J 29400 4140 TBM-SO-COMP-MP01-02 Total Recoverable Metals Soil 9/7/2022 12:41 12400 12.3 457 119 <2.00 58.6 2630 6.96 J 31.3 1220 66400 29500 5040 17600 1.986 98 10.5 1130 <7.49 5220 84.5 <250 <4.99 2.35 32500 15300 TBM-SO-COMP-02 Total Recoverable Metals Soil 9/7/2022 14:09 3260 6.61 86 61.8 <1.99 107 22100 <4.99 20.8 1250 19500 10900 938 5030 5.073 36.8 <2.49 1350 <7.48 5200 26.1 <249 <4.99 <0.499 <9970 28200 TBM-SO-GRAB-01 Total Recoverable Metals Soil 9/7/2022 11:38 3940 3.23 J 48.3 47.9 J <1.97 38.2 14500 <4.93 9.39 645 10400 3520 849 6050 1.41 20.7 <2.47 1100 <7.4 4030 8.46 <247 <4.93 <0.493 <9870 11400 TBM-SO-GRAB-02 Total Recoverable Metals Soil 9/7/2022 12:18 10200 14.8 208 123 <2.00 37.5 3450 6.36 J 21.7 959 56100 20800 5120 8900 3.003 28.3 9.61 886 J <7.5 5190 45.3 <250 <5.0 1.14 21800 10200 TBM-SO-GRAB-03 Total Recoverable Metals Soil 9/7/2022 15:13 1470 25.7 390 104 <2.00 22 554 <5.0 4.12 1850 75100 32600 2010 371 18.81 221 3.33 J 1880 <7.5 2080 74.9 <250 <5.0 <0.5 11300 J 5040 TBM-SO-GRAB-04 Total Recoverable Metals Soil 9/7/2022 15:34 2030 3.33 J 149 47.5 J <1.98 0.85 J 384 <4.94 2 1780 36800 13500 1640 1190 3.308 111 <2.47 1450 <7.41 1620 60.4 <247 <4.94 <0.494 <9880 583 TBM-SO-GRAB-05 Total Recoverable Metals Soil 9/7/2022 15:41 1180 7.4 82.9 32.0 J <1.95 1.27 1490 <4.88 5.48 815 11000 9200 550 2760 1.949 140 <2.44 741 J <7.33 1430 49.8 <244 <4.88 0.581 J <9770 464 J = Laboratory quality control review indicates that this result is considered estimated

Aluminum Antimony Arsenic Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Mercury Nickel Potassium Selenium Silver Sodium Thallium Vanadium Zinc µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L

TBM-SO-COMP-02 SPLP Leachate 9/7/2022 14:09 240 J+ <6.8 <4.2 100 J <0.32 16 J+ 22000 <0.81 <11 19 J 140 J+ 71 <580 39 <0.097 R <7.6 700 J <15 <1.5 1600 J <7 <3.2 370 J = Laboratory quality control review indicates that this result is considered estimated J+ = The result is an estimate biased high during validation R = The sample results are rejected due to serious deficiencies in meeting QC criteria.

Arsenic Barium Cadmium Chromium Lead Manganese Selenium Silver µg/L µg/L µg/L µg/L µg/L µg/L µg/L µg/L

TBM-SO-COMP-02 TCLP Leachate 9/7/2022 14:09 <4.2 550 1200 <0.81 45000 <0.097 <15 <1.5

Mine Name XRF Sample ID Latitude Longitude Date Time Units Ti Ti +/- Cr Cr +/- Mn Mn +/- Fe Fe +/- Co Co +/- Ni Ni +/- Cu Cu +/- Zn Zn +/- As As +/- Se Se +/- Rb Rb +/- Tomboy Mine TBM-SO-XRF-01 37.934809 -107.754574 9/7/2022 11:30 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-02 37.934663 -107.755616 9/7/2022 12:18 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1076 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-03 37.934972 -107.755821 9/7/2022 12:38 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1119 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-04 37.935303 -107.755490 9/7/2022 12:45 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1335 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-05 37.935704 -107.756440 9/7/2022 14:00 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A <LOD N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-06 37.935937 -107.756560 9/7/2022 14:05 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A <LOD N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-07 37.936154 -107.755818 9/7/2022 14:25 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A <LOD N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-08 37.938277 -107.757836 9/7/2022 15:12 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1430 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-09 37.938015 -107.758089 9/7/2022 15:25 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1858 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-10 37.937941 -107.758732 9/7/2022 15:34 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 583 N/A N/A N/A N/A N/A Tomboy Mine TBM-SO-XRF-11 37.938384 -107.758649 9/7/2022 15:41 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A <LOD N/A N/A N/A N/A N/A

Mine Name XRF Sample ID Latitude Longitude Date Time Units Sr Sr +/- Zr Zr +/- Mo Mo +/- Ag Ag +/- Cd Cd +/- Sn Sn +/- Sb Sb +/- Ba Ba +/- Hg Hg +/- Pb Pb +/- Tomboy Mine TBM-SO-XRF-01 37.934809 -107.754574 9/7/2022 11:30 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2410 N/A Tomboy Mine TBM-SO-XRF-02 37.934663 -107.755616 9/7/2022 12:18 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 16100 N/A Tomboy Mine TBM-SO-XRF-03 37.934972 -107.755821 9/7/2022 12:38 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 17700 N/A Tomboy Mine TBM-SO-XRF-04 37.935303 -107.755490 9/7/2022 12:45 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 24900 N/A Tomboy Mine TBM-SO-XRF-05 37.935704 -107.756440 9/7/2022 14:00 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 4542 N/A Tomboy Mine TBM-SO-XRF-06 37.935937 -107.756560 9/7/2022 14:05 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 991 N/A Tomboy Mine TBM-SO-XRF-07 37.936154 -107.755818 9/7/2022 14:25 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 5342 N/A Tomboy Mine TBM-SO-XRF-08 37.938277 -107.757836 9/7/2022 15:12 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 20900 N/A Tomboy Mine TBM-SO-XRF-09 37.938015 -107.758089 9/7/2022 15:25 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 32100 N/A Tomboy Mine TBM-SO-XRF-10 37.937941 -107.758732 9/7/2022 15:34 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 12500 N/A Tomboy Mine TBM-SO-XRF-11 37.938384 -107.758649 9/7/2022 15:41 mg/kg N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 4319 N/A

1 = XRF measurements were collected using State of Colorado Division of Reclamation and Mine Safety intrument ThermoFisher XLET950 GOLDD+ LOD = level of detection Ti = titanium; Cr = chromium; Mn = manganese; Fe = iron; Co = cobalt; Ni = nickel; Cu = copper; Zn = zinc; As = arsenic; Se = selenium; Rb = rubidium; Sr = strontium; Zr = zirconium; Mo = molybdemum; Ag = silver; Cd = cadmium; Sn = tin; Sb = antimony; Ba = barium; Hg = mercury; Pb = lead

Location ID Analysis Matrix Sample Date Sample Time

X-Ray Fluorescence (XRF) Spectrometry Soil Survey Results1

X-Ray Fluorescence (XRF) Spectrometry Soil Survey Results Continued1

Table A.3. 2022 Pre-CERCLA Screening Colorado Draining/Abandoned Mines Tomboy Mine Sampling Analytical and Field Data Results Mine Waste, Surface Soil, and Sediment

Location ID Analysis Matrix Sample Date Sample Time

Soil Synthetic Precipitation Leaching Procedure (SPLP) Leachate Location ID Analysis Matrix Sample Date Sample Time

Soil Toxicity Characteristic Leaching Procedure (TCLP) Leachate

Appendix B(2): Victor Mine Pre-CERCLA Screening Report

Pre-CERCLA Screening Checklist/Decision Document

Victor/New American Mine, San Miguel County Colorado

August 19, 2020

EPA Region 8

Site Assessment Program 1595 Wynkoop Street

Denver, CO 80202

Pre-CERCLA Screening – Victor/New American Mine Pre-CERCLA1 Screening (PCS) and sampling was conducted at the Victor/New American Mine on August 19, 2020 by Region 8 Environmental Protection Agency (EPA) Site Assessment Program and other federal and state members of the Colorado Mixed-Ownership Team. Sampling and analysis were completed in accordance with the EPA-approved Sampling and Analysis Plan/Quality Assurance Project Plan: 2020 Colorado Draining Mines Pre-CERCLA Field Screening, prepared by the Colorado Department of Public Health and Environment, July 2020.

The PCS Checklist/Decision Document, as required by EPA Pre-CERCLA Guidance (Office of Land and Emergency Management (OLEMJ) Directive# 9200.3-107, is included as Attachment A. A sample location figure and summary of soil and water analytical results as reported by the EPA Contract Laboratory is included in Attachment B.

1 Comprehensive Environmental Response, Compensation, and Liability Act

Victor/New American Mine

Attachment A:

Pre-CERCLA Screening Checklist Decision Form

Pre-CERCLA Screening Checklist/Decision Form

This form is used in conjunction with a site map and any additional information required by the EPA Region to document completion of a Pre-CERCLA Screening (PCS). The form includes a decision on whether a site should be added to the Superfund program’s active site inventory for further investigation.

EPA Region: 8 State: Colorado

EPA ID No. (If Available): Not Applicable

Site Category: Draining Mines

Select a Site Name (Primary): Victor Mine/New American Waste Pile

Site Number: Not Applicable Date of Site Visit: August 19, 2020 Time of Site Visit: 10:31

Checklist Preparer

Title: SAM/PM

Name: Jean Wyatt

Organization: EPA

Street Address: 1595 Wynkoop St

City: Denver

State: Colorado Zip Code: 80202

Phone: (303) 312-6258

Email: Wyatt.jean@epa.gov

Site Contact

Title: N/A

Name: N/A

Organization: N/A

Street Address: N/A

City: N/A

State: N/A Zip Code: N/A

Phone: N/A

Email: N/A

Site Information - Preliminary

Site Name (Alternate 1): N/A

Site Name (Alternate 2): N/A

Region: 8

State: Colorado County: Ouray

Congressional District: 3

Township & Range:

Section:

Section (1/4):

Section (1/16):

Spatial Location

Latitude: 37.854534625111

Longitude: -107.82200653116

Collection Method: GPS (handheld, Smartphone, other device with < 25m accuracy)

Horizontal Accuracy in Meters: 5

Site Description (of this Spatial Location):

Approximate Center of Site

Preliminary Assessment - Historical Data

CERCLA 105d Petition for Preliminary Assessment: No

Petition Date: Not Applicable

RCRA Subtitle C Site Status: Is site in RCRA Info?: No

RCRAInfo Handler ID #: Not Applicable

Additional RCRAInfo ID #: Not Applicable

State ID: None

Ownership Type: Mixed Ownership

Site Type: Abandoned Mine Site

Site Sub-Type: Hard Rock Mining

Federal Facility: No

Federal Facility Owner: Not Applicable

Federal Facility Operator: Not Applicable

Formerly Used Defense Site (FUDS): No

Federal Facility Docket: No

Federal Facility Docket Listing Date: Not Applicable

Federal Facility Docket Reporting Mechanism: Not Applicable

Native American Interest: Unknown

Tribe: Not Applicable

Additional Tribe: Not Applicable

Other ID: DRMS-141

Site Description - Physical Setting

Abandoned Mine Site: Yes

Buildings: Buildings Not Present

Mill or Milling Equipment or Tailing Present: No

Steep Waste Piles: Yes

Safety Hazards Present: Yes

Safety Hazards Dangerous slide potential or steep vertical face/wall/cliff (caused by mining operations), Potential for contact (human/eco) with open acidic mine drainage stream, Standing Water, Steep Vertical Inclines, Vertical or steeply inclined shaft or inclined subsidence open/partially unrestricted opening

Accessibility (provide details with regard to ability to access the site) Trail

Time it takes to reach this site (Hours:Minutes): 20 minute hike from East Ophir.

Detailed description of how the site was accessed: Park at trailhead near Waterfall Canyon. Follow trail/former mine haul road south of East Ophir and near small footbridge near confluence of Howard Fork and Waterfall Canyon. Waste pile area is less than ¼ mile from East Ophir on the south side of Howard Fork and adjacent to the constructed Carbonaro tailings waste cap.

Adjacent to Resident(s): No*

Adjacent Residential Features: *Multiple residences within ¼ mile, Town of Ophir within ¼ mile

Mountainous Steep Terrain: Yes

Vegetation Present: Yes

Vegetation Density: Moderate/Interspersed

Surface Water Body on or Adjacent to the Site: Yes

Open Fields: No

Waste Pile Erosion Observed: Yes

Describe Waste Pile Run Off: Sloughing off toe and loose along steep pile

Tailings Erosion Observed: No

Describe Tailings Run Off: Not Applicable

Draining Adits or Seeps Discharge from the Site: Yes

Adits Flow Rate from Site: Significant

Describe Adit Flow from Site: Flow coming from culvert then across side of waste rock pile

Draining Adits or Seeps Discharge Across Waste Piles: Yes

Draining Adits or Seeps Discharge to Adjacent Habitat: Yes

Adit Flows into what habitat: Wetland

Habitat Name:

Physical Setting and Access Features: Moderately accessible (may have some access improvements–for example, gravel road) with some public recreation use

Physical Setting (Field Notes - provide a brief summary of physical setting including notable safety concerns, waste types, human uses/exposures to wastes, runoff/drainage, and notable habitat/ecological use): 1/4 mile from road to site, up dirt road, over a bridge, then along trail; Steep waste pile hazard; culvert closed with gate.

Site Description - Land Use

Observed/likely fishing/consumption of fish/aquatic organisms at the mine site or within ¼ miles downstream:

Yes

Are there other observed sensitive environments on-site or downstream of the waste area(s) within ¼ mile? Yes

Sensitive Environment (wetland, stream, creek, river, known to be in the vicinity of a National Park, designated federal/state wildlife or scenic area, fish hatchery/spawning area, designated for wildlife or game management, known to be used by or designated critical habitat for Threatened or Endangered Species, or any other sensitive environment critical to supporting wildlife): Fish Populations

Other Sensitive Environments:

Land Use (Field Notes – provide a brief summary of human/ecological type of use and use level (e.g., heavily used for biking and camping; observed camp fire rings and picnic tables at the site immediately adjacent to the waste runoff; narrow foot trail with difficult steep access to the waste areas and minimal use of the area, etc.):

Minimal human activity but accessible via road and trail and close to town; No real evidence of human use at site.

High elevation habitat, beaver ponds, elk prints observed, bears known to occupy area.

Road/Trail Type: Dirt Road

Human Activity Type: Not Applicable

Residential Density: Not Applicable

Recreational Density: Not Applicable

Camping Frequency: Not Applicable

Fishing Frequency: Not Applicable

Hiking Frequency: Minimal

Biking Frequency: Minimal

Picnicking Frequency: Not Applicable

Ecological Activity: Moderate

Roads/Trails: Yes

Human Activity: Unknown

Residential: No

Recreational Use: Unknown

Camping: Unknown

Fishing: Unknown

Hiking: Yes

Biking: Yes

Picnicking: No

Ecological Activity: Yes

Site Surface Description

Draining Adit: Yes

Waste Piles: Yes

Airborne Release of Fine Material/Dust: No

Surface Water on or Immediately Adjacent: Yes

Wetlands on or Adjacent to Site: Yes

Forested on or Adjacent to the Site: Yes

Site Surface (Field Notes): Trees, seedlings, small brush, steep terrain but beaver ponds observed below site

Site Description - Other

Groundwater Seeps Observed: No

Primary Drainage Name: Howard Fork/South Fork San Miguel River

Groundwater Seeps (Field Notes): Not Applicable

Previous Investigations: Yes

Investigation Type: Recon by Other Agency, Safety Closure

Who Completed Investigations at this Site: State

Cleanup Activities: Yes Cleanup Type: Historic Evidence of Cleanup

Site Description Cleanup Field Notes: State

Who Completed Cleanup Activities at this Site: State

Previous Regulatory Actions (Permitting and Enforcement): Unknown

Previous Regulatory Type: Not Applicable

Site Feature Name(s): Not Applicable

Field Note(s): Not Applicable

Who Completed Regulatory Actions at this Site: State Permitting Not Applicable

Institutional Controls: Yes Institutional Control Type: Grating

Institutional Controls (indicate name/entity on signs/controls): Gate at adit

Community Interest: Yes Community Interest Type: Residential/Homeowner

Community Interest (Indicate watershed group or other interest group): Town of Ophir

Draining Adit Type: Draining

Number of Waste Piles: 1

Water Body Name: Howard Fork

Riparian on or Adjacent to the Site: Yes

Survey Form

1. An initial search for the site in EPA's Superfund active, archive and non-site inventories should be performed prior to starting a PCS. Is this a new site that does not already exist in these site inventories?

No

2. Is there evidence of an actual release or a potential to release?

Evidence of Potential Release Waste pile material observed in water body or other surrounding environment, Evidence of waste pile runoff/erosion (channels, rills, run off), Draining mine adit water discharge, Draining mine adit discharging into a stream or water body, Draining mine adit discharging into wetlands or surrounding environment, Draining Mine Adit Water discharging over waste material, Potential for contact (human/eco) with open acidic mine drainage stream

3. Are there possible targets that could be impacted by a release of contamination at the site?

4. Is there documentation indicating that a target has been exposed to a hazardous substance released from the site?

5. Is the release of a naturally occurring substance in its unaltered form, or is it altered solely through naturally occurring processes or phenomena, from a location where it is naturally found?

6. Is the release from products which are part of the structure of, and result in exposure within, residential buildings or business or community structures?

7. If there has been a release into a public or private drinking water supply, is it due to deterioration of the system through ordinary use?

8. Are the hazardous substances possibly released at the site, or is the release itself, excluded from being addressed under CERCLA?

9. Is the site being addressed under RCRA corrective action or by the Nuclear Regulatory Commission?

10. Is another federal, state, tribe or local government environmental cleanup program other than site assessment actively involved with the site (e.g., state voluntary cleanup program)?

11. Is there sufficient documentation or evidence that demonstrates there is no likelihood of a significant release that could cause adverse environmental or human health impacts?

12. Are there OTHER site-specific situations or factors that warrant further CERCLA remedial/integrated assessment or response?

US EPA…