2020-12-02_PERMIT FILE - M2020061

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10/8/2020 Federal Register::National Oil and Hazardous Substance Pollution Contingency Plan:Partial Deletion of the California Gulch Superfund... a building permit within OU3.In addition,any disruptions of engineered or non-engineered remedies, and/or excavation of more than io cubic yards of soil off-site within OU3 require written approval from the CDPHE. OU3 Operation and Maintenance Because the 1998 OU3 ROD was a No Action ROD,no maintenance was required. Five-Year Review The remedies at the entire Site,including OUi and OU3 require ongoing five-year reviews in accordance with CERCLA Section 121(c)and Section 300.430(f)(4)(ii)of the NCP.The next five-year review for the California Gulch Site is planned for 2017. In the 2012 five-year review dated September 27,2012 for the Site,the OU1 remedy was determined to be protective in the short-term.There were concerns regarding continued long-term protectiveness because the requirement of ICs was not documented in a decision document even though ICs had already been implemented by the PRP and Lake County.Environmental covenants for Resurrection/Newmont's properties within OU1 were recorded with the Lake County Clerk and Recorder on July 31,2012 and October 10,2012.An ESD dated July 29,2013(2013 OU1 ESD)resolved this concern. In the 2012 five-year review for the Site,the OU3 remedies were determined to be protective in the short- term.The five-year review,recommended a review to determine whether additional response actions were needed at OU3 to insure long-term protectiveness.The review determined that ICs were needed to insure long-term protectiveness.The 2013 OU3 ESD addresses the need for ICs because some soils and residual slag remained above the residential action level,and documents the decision to require ICs.Ordinances adopted by the City and County met the IC objectives set out in the ESD Pursuant to CERCLA section 121(c)and the NCP,EPA will conduct the next five-year review by September 27,2017 to ensure the continued protectiveness of remedial actions where hazardous substances,pollutants, or contaminants remain at the Site above levels that allow for unlimited use and unrestricted exposure. Community Involvement Public participation activities have been satisfied as required in CERCLA Section 113(k),42 U.S.C.9613 (https://api.fdsys.gov/link?collection=uscode&title=42&year=mostrecent&section=9613&type=use&link- type=html)(k)and CERCLA Section 117,42 U.S.C.9617(https://api.fdsys.gov/link? collection=uscode&title=42&year=mostrecent&section=9617&type=usc&link-type=html).During the development and implementation of the remedies for these operable units,comment periods were offered for proposed plans,five-year reviews,and other public meetings. ❑The documents that the EPA relied on for ❑Start Printed the partial deletion of OU1 and OU3 from the California Gulch Superfund Site are in the docket and are Page 6775 available to the public in the information repositories.A notice of availability of the Notice of Intent for Partial Deletion has been published in the Leadville Herald Democrat to satisfy public participation procedures required by 40 CFR 300.425(/select-citation/2016/02/09/4o-CFR-300.425)(e)(4)• The State,the Lake County Commissioners,the City of Leadville are supportive of the partial deletion of OU1 and OU3.The State signed a letter of concurrence on October 7,2015. Determination That the Criteria for Deletion Have Been Met https://www.federaIreg ister.gov/d ocuments/2016/02/09/2016-02601/nationa I-oi I-a nd-haza rdous-substance-pollution-contingency-plan-partial-deletio... 14/16