PB98-964404
EPA 541-R98-079
October 1998
EPA Supei fund
Record of Decision:
Eagle Mine OU 2
Minturn/Redcliff, CO
9/3/1998
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FINAL
EAGLE MINE
OPERABLE UNIT NO. 2
RECORD OF DECISION
July 21, 1998
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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
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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.
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Max H. Dodson Date
Assistant Regional Administrator
Ecosystems Protection and Remediation
^
Howard Roitman v Date
Division Director
Hazardous Materials and Waste Management
Division
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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
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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
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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.
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UPDATED THftOUO* 1915 SITE
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WASTE PILE-4
WASTE PILE
-•»— TOPOCARAPHY
(FEET ABOVE MSL)
4
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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
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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
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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
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Rev.3.July21. 1998
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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
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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.
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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
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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.
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APPENDIX A
RESPONSIVENESS SUMMARY
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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
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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
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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."
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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.
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