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WPMy9)n <br />7. Limitations <br />This report was prepared by Pinyon Environmental, Inc., at the request of and for the sole benefit of Black <br />Hills Corporation, or any entity controlling, controlled by, or under common control with Black Hills <br />Corporation. This report addresses certain physical characteristics of the Site with regards to the release or <br />presence of hazardous materials. It is not intended to warrant or otherwise imply that the Site is or is not <br />free from conditions, materials, or substances which could adversely impact the environment or pose a <br />threat to public health and safety. The material in this report reflects the best judgment of Pinyon in light of <br />the information that was readily available at the time of preparation. <br />This report is for the exclusive and present use of Black Hills Corporation, or any entity controlling, <br />controlled by, or under common control with Black Hills Corporation, to assist with an environmental <br />evaluation of the Site. In the event of any reuse or publication of any portion of this report, Pinyon <br />Environmental, Inc., shall not be liable for any damages arising out of such reuse of publication. Any use a <br />third party makes of this report, or any reliance on or decisions to be made on it, are the responsibility of <br />such third party. Pinyon accepts no responsibility for damages, if any, suffered by any third party as a result <br />of decisions made or actions taken based on this report. <br />The principles outlined in Section 4.5 of the ASTM Standard are an integral part of this practice and are <br />intended to be referred to in resolving any ambiguity or exercising such discretion as is accorded the user or <br />environmental professional in performing an environmental site assessment or in judging whether a user or <br />environmental professional has conducted appropriate inquiry or has otherwise conducted an adequate <br />environmental site assessment. <br />Under ASTM Standard, this report is presumed to be valid for 180 days from the date of completion. For <br />more information on the continued viability of this document, refer to the ASTM Standard, Section 4.6. <br />This report does not address additional requirements that must be met in order to qualify for the landowner <br />liability protections (LI -Ps) (for example, the continuing obligation not to impede the integrity and <br />effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, <br />or the duty to comply with legally required release reporting obligations). Additionally, the report user has <br />responsibilities with respect to All Appropriate Inquiry and LI -Ps. <br />7.1 Deletions and Deviations from Standard <br />There were no deletions or deviations from the Standard. Any data failures encountered are discussed in <br />Section 3.4; any data gaps are outlined in Section 5.4. <br />7.2 Additions to Standard <br />Additional services were added to the ASTM Standard, including: <br />An evaluation of the likely presence of wetlands; <br />An evaluation of whether or not the Site is located within a floodplain; and <br />An evaluation, using published data, of the likelihood for radon gas to be a health concern at the Site. <br />Phase I Environmental Site Assessment Page 17 <br />Squaw Gulch <br />Teller County Road 88, Cripple Creek, Colorado