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6. The Operator estimates that about 25,000 cubic yards of material was excavated <br /> from the Mining Restricted Area. <br /> 7, The Operator states that about 22,600 cubic yards of the material mined from <br /> the Mining Restricted Area was processed through a crushing/screening plant <br /> and sold to the excavation contractor for asphalt production, about 750 cubic <br /> yards was stockpiled within the Mining Restricted Area, about 1,650 cubic yards <br /> of overburden material was placed in an overburden stockpile at the Mine and <br /> several large boulders have been stored at the Mine. <br /> S. Butala has mined, processed, and sold material generated from within the 6.2- <br /> acre Mining Restricted Area of the affected lands in violation of its Permit. <br /> 9. The Mining Restricted Area is part of the Comprehensive Environmental <br /> Response Compensation and Liability Act ("CERCLA") site known as the <br /> Smeltertown Superfund Site ("Site"). The Site was formerly owned by Koppers <br /> Company, Inc. and operated as a wood-treating facility. A Declaration of <br /> Restrictive Covenants and Restrictions ("Declaration") that limits activities <br /> within the Mining Restricted Area was placed on the Mine in 2000 as part of the <br /> CERCLA remedy. <br /> 10.The Operator states that EPA and the Colorado Department of Public Health <br /> and Environment ("CDPHE")(together, the "Agencies")responded to the <br /> excavation in the Mining Restricted Area in September 2021, and are pursuing <br /> enforcement action against Butala under CERCLA. The Operator states that <br /> the Agencies have proposed an Administrative Order on Consent ("AOC") to <br /> Butala addressing alleged violations of the Declaration and compelling <br /> investigation of current conditions. <br /> 11.The Operator states that under the proposed AOC, Butala would prepare a <br /> Remedial Investigation Addendum ("RIA") and Focused Feasibility Study <br /> ("FFS") pursuant to CERCLA regulations that will evaluate any onsite impacts <br /> of excavation in the Mining Restricted Area through sampling and risk analysis. <br /> 12.The Operator states that the AOC includes a Statement of Work ("SOW") that <br /> outlines the steps Butala will take to perform the RIA/FFS, including soil and <br /> groundwater sampling (including sampling of materials excavated from the <br /> Mining Restricted Area, including locations where such materials are <br /> stockpiled); restoration of survey monuments impacted by Mining Restricted <br /> Area excavation; a survey of the excavated area, excavated material stockpiles, <br /> and any area potentially impacted by the stockpiles; and installation of <br /> monitoring wells as needed. The Operator states that this work would be subject <br /> to the review, approval, and supervision of the Agencies under their CERCLA <br /> authority. <br /> 2 <br />