PB98-964404
                                 EPA 541-R98-079
                                 October 1998
EPA Supei fund
      Record of Decision:
       Eagle Mine OU 2
       Minturn/Redcliff, CO
       9/3/1998

-------
        FINAL
      EAGLE MINE




  OPERABLE UNIT NO. 2
RECORD OF DECISION
      July 21, 1998

-------
                                  EAGLE MINE SITE
                        OPERABLE UNIT 2, TOWN OF OILMAN

                   DECLARATION FOR THE RECORD OF DECISION

 Site Name and Location
 Eagle Mine Site, OU2, Town of Oilman
 Eagle County, Colorado
 CERCLIS ID # COD08191518

 Statement of Basis and Purpose
 This decision document presents the selected remedial action for Operable Unit 2 of the Eagle Mine
 Site in Eagle County, Colorado chosen in accordance with the Comprehensive Environmental
 Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the  Superfund
 Amendments and Reauthorization Act of 1986 (SARA). The selected remedy is consistent with the
 National Contingency Plan (NCP), 40 CFR Part 300. This decision is based on the administrative
 record for this site. This Record of Decision (ROD) serves as the final ROD for Eagle Mine OU2.

 The State of Colorado, represented  by  the  Colorado  Department of Public Health  and  the
 Environment, concurs with the selected remedy.

 Assessment of the Site
 Actual or threatened releases of hazardous substances from this site, if not addressed by implementing
 the response action selected in this ROD, present an imminent and substantial endangerment to public
 health and the environment.

 Description of the Remedy
 The Eagle Mine Site is a large abandoned mining and milling facility located  along the banks of the
 Eagle River near Minturn, Colorado. The mine site is divided into two operable units. Operable Unit
 1 (OU1) is the mine site except the Town of Oilman  Operable Unit 2 (OU2) is the Town  of Oilman.
 Oilman is  an abandoned mine town on the bluff above  the Eagle River at Belden.  Hazardous
 substances were removed from Oilman and disposed at a permitted disposal site as  part of an
 emergency response action.  Several waste rock piles created during mining and milling activities
 remain on the perimeter of the town.  Eagle Mine OU2 was established to address current and
 potential human health risks from the soil and waste rock that remain in the Town of Oilman.

The selected remedy for Eagle Mine Site OU2 is institutional controls. This remedy addresses the
principal threat at  the site by limiting site access and providing a long-term, local presence  To
accomplish this remedy, local institutional controls will be modified or developed, such as zoning
regulations and/or building permit code restrictions.  In addition,  a contingency strategy will  be
developed to maintain the integrity of the established site remedy and to inform EPA and the State

-------
of Colorado of any proposed change in land use. If land uses change, additional remediation may be
required.  EPA and the State of Colorado will review any developer-generated plans to assure that
they are protective of human health and the environment.

Statutory Determinations
The selected remedy is protective of human health and the environment, complies with Federal and
State requirements that are legally applicable or relevant and appropriate to the remedial action, and
is cost-effective.  This remedy utilizes permanent solutions and alternative treatment (or resource
recovery) technologies to the maximum extent practicable and satisfies the statutory preference for
remedies that employ treatment that reduces toxicity, mobility, or volume as a principal element.
Because this remedy will result in hazardous substances remaining onsite above health-based levels,
a review  will be conducted within five years after commencement of the remedy to ensure that the
remedy continues to provide adequate protection of human health and the environment.

-------
Max H. Dodson                                            Date
Assistant Regional Administrator
Ecosystems Protection and Remediation

            ^
Howard Roitman   v                                      Date
Division Director
Hazardous Materials and Waste Management
Division

-------
            EAGLE MINE SITE OPERABLE UNIT 2, TOWN OF OILMAN
             DECISION SUMMARY FOR THE RECORD OF DECISION

                           TABLE OF CONTENTS

1.0    SITE NAME, LOCATION, AND DESCRIPTION	1

2.0    SITE HISTORY AND ENFORCEMENT ACTIVITIES	1

3.0    HIGHLIGHTS OF COMMUNITY PARTICIPATION	4

4.0    SCOPE AND ROLE OF OPERABLE UNIT WITHIN SITE STRATEGY	5

5.0    SUMMARY OF SITE CHARACTERISTICS	5

6.0    SUMMARY OF SITE RISKS	6

7.0    DESCRIPTION OF ALTERNATIVES	7

8.0    COMPARATIVE ANALYSIS OF ALTERNATIVE	8

9.0    SELECTED REMEDY	9

10.0   STATUTORY DETERMINATIONS  	9
      10.1  Protection of Human Health and the Environment 	10
      10.2  Compliance with Applicable or Relevant and Appropriate
           Requirements (ARARs) 	10
      10.3  Cost Effectiveness 	10
      10.4  Use of Permanent Solutions and Alternative Treatment Technologies to the Maximum
           Extent Practicable	10
      10.5  Preference for Treatment as a Principal Element	10
duraonV6636\rodrv3                                                     Rev.3. /uly 21. 1998

-------
 TABLE OF CONTENTS, continued

                                     FIGURES
 Figure 1 -1    Eagle Mine Site Map
 Figure 1-2    Town of Oilman Site Map

                                   APPENDICES
 Appendix A  Responsiveness Summary
dunson\6636\rod.rv3                                                           Rcv 3 July 2, J998

-------
              EAGLE MINE SITE OPERABLE UNIT 2, TOWN OF OILMAN
               DECISION SUMMARY FOR THE RECORD OF DECISION

 1.0    SITE NAME, LOCATION, AND DESCRIPTION
 The Eagle Mine Site (CERCLIS ID # COD08191518) is a large abandoned mining and milling facility
 located along the banks of the Eagle River approximately five miles south of Mintum, Colorado (100
 miles west of Denver).  The 235-acre site is bordered on the south and west by the White River
 National Forest which includes the Holy Cross Wilderness Area (see Figure 1-1). The Eagle Mine
 site consists of the Eagle Mine workings in Belden, the abandoned town of Oilman,  and numerous
 former and existing mine waste disposal areas.  All features are located near the Eagle River from
 Belden to Minturn.  Most of the cleanup at the site is completed.

 Eagle Mine Operable Unit 2 (OU2) was established to address current and potential human health
 risks from the soil and waste rock in the Town of Oilman. Oilman is an abandoned mine town on the
 bluffabove Belden Hazardous substances were removed from the town and disposed at a permitted
 disposal site as part of an emergency response action. Several waste rock piles created during mining
 and milling activities remain on the perimeter of the town. Surface soil sampling occurred in 1993
 and a risk assessment for this operable unit was completed in 1997.

 2.0    SITE  HISTORY AND ENFORCEMENT ACTIVITIES
 In  December  1983, the State of Colorado filed notice and claim against the former owners of the
 Eagle Mine site for natural resource damages under CERCLA. In 1985, the EPA added Eagle Mine
 to  the National Priorities List and a Remedial Investigation and Feasibility  Study (RI/FS) was
 completed by the State of Colorado. In  1988, the State of Colorado and Viacom, International, Inc.
 reached agreement on a cleanup  plan.

 In  1990, EPA became more involved with the project and completed a Record of Decision (ROD)
 for Eagle Mine Operable Unit No.  I (OU1).  In  1995, EPA, the State of Colorado and Viacom
 International,  Inc.  agreed  on the work to be  performed under the  ROD.  Together, the two
 agreements include many of the remedial activities for each site feature discussed below:

 Consolidated Tailings Pile (CTP); The CTP covers about 69 acres and contains tailings that were
 removed from various locations across the site. The majority of the pile has been capped  Final
dewatering of the historic pond and of the CTP was completed during 1997 construction season.

duaion\6636\rod.rv.1                              I                               Rev.3. July 21. 1998

-------
                          V     Y^;Y.*  /
                          K   V     rl.    N
  LASLE U1NE SIH MA/>

UPDATED THftOUO* 1915 SITE

    ACT vines
                    N>v     ' / /

                    \'\   :/••/''



-------
                                                                           WASTE PILE-4

                                                                           WASTE PILE

                                                                   -•»—  TOPOCARAPHY
                                                                           (FEET ABOVE MSL)
                                                                   	   4
-------
Rex Flats/Old Tailings Pile (OTP) Areas: As a result of mine operations, approximately one million
tons of tailings were deposited in the OTP and approximately 150,000 tons of tailings were deposited
at Rex Flats.  The OTP covers approximately 40 acres and Rex Flats covers approximately 20 acres
In 1992, these tailing were removed and placed in the CTP. Revegetation efforts were undertaken
at both areas. The ROD for Eagle Mine OU1 required creation of Institutional Controls to restrict
ground water use below the OTP.

Rock Creek Canyon; Numerous activities have occurred in Rock Creek Canyon to control seepage,
surface water drainage, and ground  water flow.   A siphon system was installed to  remove
contaminated ground water before it reached the Eagle River. In 1992 and 1995, actions were taken
in the Rock Creek channel to  isolate clean Rock Creek water from seepage and drainage that
originated at or within the mine. The seepage and drainage are collected for treatment.

Maloit Park Wetlands: The risk assessment, performed in 1993, determined that soils in Maloit Park
Wetlands were contaminated with elevated levels of arsenic, cadmium  and lead.  In 1996,
contaminated materials from the wetland were  removed and placed  in the CTP.  The formerly
contaminated area was covered with clean soil  and revegetation efforts were undertaken.

Roaster Pile Area:  In 1991, five piles of waste material from the ore roasting plant located in the
Beiden area were removed and  transported to the CTP. Revegetation efforts were undertaken at
these areas.

3.0    HIGHLIGHTS OF COMMUNITY PARTICIPATION
The public participation requirements of the Comprehensive Environmental Response, Compensation,
and  Liability Act  of  1980 (CERCLA),  as amended  by  the  Superfund Amendments  and
Reauthorization Act of 1986 (SARA),  Sections 113 and 117 were met during remedy selection for
Eagle Mine OU2

The  Risk Assessment was completed on February 11,  1997   An informal public meeting was
announced in the Eagle Valley Enterprise and  Vail Trail on April 17,  1997, and held on April 28,
1997, to give the public an opportunity to discuss the risk assessment for Eagle Mine OU2.  The
Focused  Feasibility Study  was completed  on  June 9, 1997, and the Proposed Plan was issued
September 24,1997. Information regarding the site, including the risk assessment, focused feasibility
study, and proposed plan, was available at the EPA Administrative Records Center in Denver and at

dunson\66.16\rod rv.l                               4                               Rev.3. July 21. 1998

-------
 the Town Hall in Mintum, Colorado. The public meeting summarizing the proposed plan and
 soliciting public comment was held on October 7, 1997. Notice of the meeting was sent to persons
 on the mailing list and was published in the Eagle Valley Enterprise and Vail Trail in September
 1997.  A public comment period was held from September 24, 1997 through October 24, 1997.
 Response to the comments received during this period is included in the Responsiveness Summary,
 which is part of this ROD. This Record of Decision (ROD) serves as the final ROD for Eagle Mine
 OU2.

 Five-Year Reviews of the remedy at OU2 are required as the site has not been released for unlimited
 use and unrestricted exposure. Periodic Five-Year Reviews will be conducted at Eagle Mine OU2
 to evaluate if the remedy remains protective of human health and the environment.

 4.0    SCOPE AND ROLE OF OPERABLE UNIT WITHIN SITE STRATEGY
 Eagle Mine OU2 was established to evaluate potential human health risks at the Eagle Mine Site from
 the soils in three areas; south Minturn, Maloit Park Wetlands, and Oilman.  Arsenic, cadmium and
 lead levels at Minturn Middle School and the south end of Minturn were below levels of concern for
 human health and required no action. Metals levels in parts of the Maloit Park Wetlands were above
 human health standards and the contaminated soil has been removed and replaced with clean fill.
 Soils around Oilman contain elevated  levels of metals, and for that reason. Oilman is the remaining
 location addressed under Eagle Mine OU2.

 5.0    SUMMARY OF SITE CHARACTERISTICS
 The Town of Oilman is an abandoned town where as many as 350 Eagle Mine employees and their
 families once lived.  The town was founded in  1879  and completely abandoned in 1985.  Oilman
 covers approximately 50 acres and an estimated ninety buildings remain within the Town boundaries.
 Many of the abandoned houses in Oilman were built in the 1940s and 1950s and numerous buildings
 have been vandalized and are in a state of disrepair. Access to the site  is  restricted and trespassers
 are subject to arrest by the Eagle County Sheriff. Figure 1 -2 is a map of Oilman

 An emergency response action was  performed at Oilman in 1984 to  remove PCB-containing
 transformers, PCB-containing starting capacitors and other miscellaneous  oil, lubricants  and
 chemicals found in the mine below Level 16.

Currently, there are nine waste rock piles on the perimeter of Oilman that cover approximately 20

dim
-------
acres. Waste rock piles and soil are the primary threat at the site as they have the potential to depress
pH levels and to release elevated levels of metals (arsenic, cadmium, chromium, lead and manganese)
via ground water and surface water pathways. Surface-water run-on diversion trenches were installed
at the upstream side of the waste rock piles in Oilman. Impact downstream from the waste rock piles
is under investigation as part of OU1  activities.  No other sources of contamination have been
identified at Gilman.
6.0    SUMMARY OF SITE RISKS
Risks at Gilman were evaluated based on potential exposures to metals in surface soils across the
town and in the waste rock piles on  the perimeter of the town.  Lead,  arsenic,  cadmium and
manganese are elevated above background concentrations and were evaluated in the risk assessment
(see Table 1).  Human  health risks were evaluated  using  the integrated exposure,  uptake and
biokinetic model (IEUBK) for lead and a reasonable maximum exposure assessment for arsenic,
cadmium, chromium, and manganese. The reasonable maximum exposure scenario addressed metals
ingestion by a trespasser (pregnant woman or woman of child-bearing age) to Gilman because access
to this location is limited by a locked gate and site geography.
Table 1: Summarized Soil and Waste Rock Pile Results for Gilman

Gilman Soil Samples
Gilman Waste Rock
Samples
Analvte
Arsenic
Cadmium
Chromium (total)
Lead
Manganese
Arsenic
Cadmium
Chromium (total)
Lead
Manganese
95% UCL (mg/kg)
155
28.1
23
1.900
2.720
1.220
54.7
13.6
29.400
12.300
Background Range (mg/kg)
2.4-29
0. 1-6.1
3.4- 18.2
6.7 - 230
71.2-1.110
2.4-29
0.1-6.1
3.4 - 18.2
6.7-230
71.2- 1.110
Conservative assumptions used in the risk assessment indicate a possible risk to trespassers from lead
dunson\6636\rod.rv.1
                                                                            Rev.3.July21. 1998

-------
concentrations do not pose risks to trespassers based on the upper bound concentrations in both soils
and waste rock.  Further discussion of the risk assessment for Oilman is available in "Oilman
Townsite Recreational-Trespasser User Soil Exposure Risk Assessment" dated February 11,  1997.

No ecological risk assessment was performed for the Town of Oilman. The Town is considered an
urban area and no habitat is expected within the town limits. The ecological impact of the waste rock
piles is being evaluated under OU1  activities.

Currently, the Town of Oilman is abandoned, therefore the use is minimal. Future land uses, such
as residential, change the exposure scenario  and may increase the potential risk from the soil and
waste rock in Oilman due to increased exposure times.  The  potential for development near the
Oilman area exists as the Vail Ski Resort plans expansion.

70    DESCRIPTION OF ALTERNATIVES
A Focused Feasibility Study was conducted to evaluate remedial action alternatives for Eagle Mine
OU2. The remedial alternatives were evaluated in accordance with CERCLA, as amended by SARA,
and consistent with the NCP.  The selected remedies did not include treatment of the principal threat
because the risk assessment indicated a lack of risk for the current  land-use scenario  and no
engineering remedy was considered at this time. Two remedial action alternatives were considered,
No Action and Institutional Controls. These alternatives are discussed below.

No Action Alternative
Under the "No Action" alternative the Town of Oilman would remain behind  a locked gate. No other
action or controls on land use  would be taken and changes to land use would not be  addressed. This
alternative,  though easily implemented, is only protective of the trespasser under the current land use.
Under this alternative, no additional actions are taken to reduce the potential for exposure from the
site, however. EPA and the State retain the authority to prevent disturbance of the remedy.

Institutional Controls Alternative
Under this alternative institutional controls provide a long-term, local presence. Local regulations
are either modified or developed, such as zoning regulations and/or building permit restrictions. The
local institutional controls shall include a mechanism for informing the EPA and State of Colorado
of any proposed change in land use.  A contingency strategy, including requirements that any future
developer identify risks to human health and the environment from any land disturbance and eliminate,

dunson\6636Vod.rv3                                 7                                Rev.3, July 21, 1998

-------
mitigate or control such risks during  and after development shall also be implemented. This
contingenct strategy ensures protection of human health and the environment under the new proposed
land use.

The contingency strategy also recognizes that if land use changes, and Oilman is developed  for
residential use, additional remediation may be required. EPA and State of Colorado will accordingly
review any developer-generated assessment land remediation plans to assure that redevelopment is
protective of human health and the environment.

8.0    COMPARATIVE ANALYSIS OF ALTERNATIVE
The following discussion summarizes the evaluation and comparison of alternatives.  The alternatives
identified in the focused feasibility study were evaluated using the nine criteria set forth by NCP.
These criteria are:

•      Overall protection of human health and environment.
•      Compliance with applicable or relevant and appropriate requirements.
•      Long-term effectiveness and permanence in protecting human health and the environment
•      Reduction of toxicity, mobility, or volume of the contaminants through treatment.
•      Short-term effectiveness in protecting human health  and the environment
•      Implementability.
•      Cost.
•      Community acceptance
•      State acceptance.

The first two criteria are threshold criteria and must be attained by the selected remedial action.  The
next five criteria are balancing criteria. The final two criteria, State and community acceptance, are
considered modifying criteria which the Agency evaluated and incorporated before making the final
decision.

Both alternatives score similarly for reduction of toxicity, mobility or volume through treatment  and
for short-term effectiveness. Regarding Implementability, the "No Action" alternative is the easiest
to accomplish since no changes to the current regulations or site features are required. Conversely,
the "Institutional Control" alternative requires integration of Federal, State and local (Eagle County)
regulations and cooperation between these agencies and current or prospective landowners.

dunson\6636\rod.rv3                                8                                Rev.3, July 21, 1998

-------
The "Institutional Controls" alternative has a greater long-term effectiveness as it is protective if
changes in land use occur.  A prospective developer would be required to participate in  the
contingency strategy based on the planned use scenario, then develop the site in a protective manner
based on the results of this risk assessment.

Overall protection of human health and the environment is a threshold criteria; therefore, the selected
remedy must address this issue. Comparison of the alternatives reveals that the  "No Action"
alternative is not sufficiently protective of human health and the environment under future land-use
scenarios, but the "Institutional Controls" alternative is protective.

9.0    SELECTED REMEDY
The preferred alternative for Eagle Mine OU2 is Institutional Controls.  This alternative is more
effective than the "No Action" alternative.  In addition, it integrates the Federal, State, and local
(Eagle County) regulators in the remedy process, thus more fully addressing local concerns.  The
preferred  alternative protects human health by limiting access to the  area in the short term and
requiring EPA, State, and local approval of development plans to ensure future users are not at risk
from unacceptable exposures.

The State  of Colorado, as represented by  the Colorado Department of Public Health and  the
Environment, concurs with the selected remedy.  The State has been involved with  site activities
throughout the CERCLA process Eagle County is supportive of the alternative which best protects
human health, welfare, and the environment  without disturbing the remedies which have been thus
far achieved by EPA. Eagle County is in the preliminary planning process in regards to reviewing and
selecting Institutional Controls through land-use regulations  that will be most effective. These
regulations will prevent development from interfering with the Superfund project remediation, require
State and  EPA  approval  of the  risk assessment,  and require  development to  enhance  the
environmental quality of the property.

10.0   STATUTORY DETERMINATIONS
The selected remedy meets the statutory requirements of Section 121 of CERCLA. Remedial actions
selected at Superfund sites must  be protective of human health and the environment. In addition.
Section 121 of CERCLA establishes several  statutory requirements and preferences. These specify
that when complete, the selected remedial action for this site must comply with applicable or relevant
and appropriate  environmental standards  established under state and federal environmental laws

dunson\6636Vrod.rv.T                               9                                Rev.3. July 21. 1998

-------
unless a statutory waiver is justified. The selected remedy must be cost-effective and use permanent
solutions and alternative treatment technologies or resource recovery technologies to the maximum
extent practicable. Finally, the statue also contains a preference for remedies that include treatment
as a  principal element. The following sections discuss how the  selected  remedy meets these
requirements.

10.1   Protection of Human Health and the Environment
Comparison of the alternatives reveals that the No Action alternative is not sufficiently protective of
human  health and the environment, but the Institutional Controls alternative is protective.  The
selected remedy, Institutional Controls, is protective of human health and the environment by limiting
access to the area and requiring EPA, State, and local approval of land use changes.

10.2   Compliance with Applicable or Relevant and Appropriate Requirements (ARARs)
Action and location specific ARARs were not identified for Eagle Mine  Operable Unit No. 2, as there
are no activities called for in this ROD that would trigger action or location specific requirements.
There are no chemical-specific ARARs for surface soils contamination.  No chemical specific-ARARs
have been identified for air or water media since there have not been releases or discharges from the
soils  to those media. There is a known release from waste rock pile mumber 8 to surface water.
Water ARARs pertinent to this release have already been identified under OU1.

10.3   Cost Effectiveness
The cost evaluation of each alternative includes capital costs, annual operation and maintenance
(O&M) costs, and a present worth analysis.  No engineering-type controls were proposed for Eagle
Mine OU2, thus, a cost evaluation was not performed.

10.4   Use of Permanent Solutions and Alternative Treatment Technologies to the Maximum
       Extent Practicable
The creation of institutional controls, such as zoning regulations  and/or building permit code
restrictions,  can allow local authorities and EPA to specify permanent remedies appropriate to the
actual changes in land use. Neither of the alternatives proposed alternative treatment technologies.

10.5   Preference for Treatment as a Principal Element
None of the considered alternatives used treatment as a principal element of the remedy.
duiuon\6636\rod.rv3                               10                               Rev.3, July 21, 1998

-------
       APPENDIX A
RESPONSIVENESS SUMMARY

-------
RESPONSIVENESS SUMMARY

I.     Comments Received During the Public Meeting on 10/7/97:

1) Mr. Gallagher: Could you describe the boundaries of OU2?  Does it go down the hill?  Does it
include the slope from the residential area of Oilman down to Belden Canyon?
RESPONSE: Yes, the  slope between  Oilman and Belden is included as part of OU2.  OU2 also
             includes the soils in Maloit Park and the south end of Minturn. However, the Maloit
             Park and Minturn areas have been addressed and are not covered as part of this ROD
             Arsenic,  cadmium and lead levels at Minturn Middle School and the south end of
             Minturn  were below  levels of concern for human health and required no action.
             Metals levels in parts of the Maloit Park Wetlands were above human health standards
             and required action.  The contaminated soils  have been removed and replaced with
             clean fill.

2) Mr. Fox:  The tool or remedy for control at  the site will be institutional controls?  Who will
determine the site boundaries, the county or EPA?
RESPONSE: The  boundaries  have been  described in a general sense, however, no metes and
             bounds surveys have been completed. The county is working on overlays for the site
             and will revise the boundary if they find it is not sufficient.  The district set up by the
             County goes beyond the Superfund site boundaries into some forest service areas.

3) Mr. Weigert:  Can Oilman be developed?
RESPONSE: EPA does not set the policy regarding development of Oilman  EPA's position is that
             development is a local or county land use issue. However, any development that
             occurs must maintain  the integrity of the remedy.

4) Mr: Palmer: Who owns the Town of Oilman?
RESPONSE: Ownership at the site is a confusing situation  Originally, the mine was owned by
             New Jersey Zinc Company.  New Jersey Zinc became Gulf + Western and Gulf +
             Western  became Paramount Communications.   Paramount Communications has
             become Viacom International.  Oilman was sold by Paramount to Glen Miller, who
             sold  part of the property to  Battle Mountain Corporation.   Battle  Mountain
             Corporation's loans are under default and the savings and loans backing the company

dunsonV>636\rod.rv.1                             A-l                              Rev.3, July 21. 1998

-------
              went bankrupt.  The FDIC holds the paper for the loans, though a corporation.
              perhaps Turkey Creek Corporation, is rumored to be purchasing tax liens for the
              private property on Battle Mountain.

II.     Comments Received After the Public Meeting:

A)  Mr. Reif: "I do have concern that some of the language on page 5 and 6 of the document
(Proposed Plan) conveys an unjustified  impression to the public; namely, that future land use of
Oilman includes residential use, perhaps with additional remediation. The statements are not actually
incorrect as written. However, the tone of the language creates an unsubstantiated impression that
relatively minor actions may be all that is required for eventual re-development."
RESPONSE:  The Environmental Protection Agency (EPA) has not intended to give the impression
              that Oilman may be redeveloped with only minor additional remediation. EPA has not
              investigated the type or extent of remediation that might be required at Oilman before
              residential development would be an acceptable alternative.  EPA emphasizes that the
              main focus of this ROD is protection of human health in the event of redevelopment.

              In  conjunction with the  State and  Viacom, EPA removed a large quantity of
              hazardous materials from Oilman after it was abandoned   Then EPA collected  soil
              samples in the Oilman area that indicated  elevated levels  of arsenic, cadmium,
              chromium, and manganese. Based on these sample results, EPA developed a human
              health risk assessment for the "as is" scenario, i.e. trespasser exposure to the present
              day Oilman. The risk assessment was limited to a trespasser scenario because  it is
              unclear when, if, and to what extent Oilman will be redeveloped. The results of the
              risk analysis indicate basically no risks to a trespasser for the unlikely exposure of 90
              consecutive days

              EPA is working with the  Eagle County Commissioners to ensure  that if Oilman is
              redeveloped, and the resulting human exposure would be more than casual trespass,
              that the redevelopment would be done in a manner protective of human health. Eagle
              County has developed draft land-use regulations that will require development of a
              complete human health risk assessment prior to approval of proposed redevelopment
              at Oilman.   The assessment would  follow standard EPA guidelines and would be
              reviewed by EPA and the State.  Any development would be required to eliminate any

dunson\66.'«6\rod.rv3                              A-2                              Rev.3. July 21.1998

-------
              unacceptable risks that were found through this risk assessment process. These Eagle
              County regulations will be in place before any redevelopment occurs in Oilman
              Whether Oilman can be easily redeveloped or not will be determined by the process
              described in these Eagle County regulations.

B) Mr. Gallagher: "The Town (of Minturn) agrees with the proposed plan to adopt 'institutional
controls' to protect human health and the environment. Any development on or around any part of
the Eagle  Mine Superfund Site is of great  concern to the Town.   Therefore,  the Town is
recommending and requesting that the Record of Decision which assigns 'institutional controls'
include the Town of Minturn in the public review process for any development proposals."
RESPONSE:  EPA,  as well as the State, understands the Town of Minium's concern with the
              decisions made on the Eagle Mine Superfund Site. EPA also is aware of Minturn's
              concern over any decisions that are made that may impact land uses on the site,
              especially those areas in closest proximity to Minturn.

              As the Town knows, EPA and  the State have been working with Eagle County to
              develop County land-use regulations that will protect Superfund cleanup features
              (capped piles,  diversions, etc.) and that will regulate development  of any of these
              areas in a manner that is  protective of public health.  These regulations apply to
              unincorporated areas of Eagle County that are part of the Superfund site and are
              nearing completion.

              While EPA and the  State can support Minturn's  interest in being part of a review
              process for any land-use decisions on the Superfund site, EPA does not have the
              authority to require the County to conduct any local review process beyond that
              which is part of current County regulations  EPA and the State will continue to
              provide Minturn with review copies of any EPA-generated documents, such as any
              human health risk assessments.

              EPA suggests that Minturn speak directly with Eagle County about the possibility of
              developing an  inter-governmental  agreement that provides a role for Minturn in
              adjacent land-use decisions. EPA understands that this type of agreement has been
              developed between the County and other municipalities in Eagle County and provides
              for the town to become a "referral agent."

dunson\6636\rod.rv.1                               A-3                              Kev.H. July 21. 1998

-------
               If Minturn were to annex any of the Superfund site under their annexation authorities.
               then EPA and the State would have a direct relationship with the Town over these
               areas. Minturn would, in fact, have a level of responsibility for remedial features that
               fell within the town boundaries.
dunson\6636\rod.rv3                                A-4                                Rev.3. July 21. 1998

-------