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SMUGGLER MINE SITE StS EXHIBIT B It is now accepted that mining activities do not stress wildlife. Land disturbances (mining, residential, etc.) impact wildlife habitat by destroying vegetative cover, but mining activities, per se, do not bother wildlife. Threatening activities, such as hunting, do cause stress but mining activities are not threatening and hunting is not allowed on or around the mine site. It takes only a few hours or days for wildlife to become accustomed to equipment and mine activities to realize they are not threatening. As a result, wildlife are common in active mining areas. In some instances wildlife use mining areas as refuges from stressful pressures outside the mining area. The type and level of activity, and the amount of physical disturbance, at the Smuggler Mine will not increase appreciably in the foreseeable future. There is no reason to believe that the wildlife will be bothered in any way by the mining activities proposed in this application. The Colorado Division of Wildlife has been contacted and requested to review and comment on the application. Correspondence received from the Division of Wildlife by the date of filing (if any) is attached. B-7.0 EPA -Smuggler Mountain Superfund Site The U.S. Environmental Protection Agency ("EPA") investigated Smuggler Mountain for excessive concentrations of lead (Pb) and cadmium (Cd) in the 1980s. Pursuant to Section 105 of the Comprehensive Envirotmental Response, Compensation, and Liability Act ("CERCLA"), as amended, 42 U.S.C. §§ 9601 et seq., and by publication in the Federal Register on June 10, 1986, 51 FEn. REG. 21073, a 110 acre site on Smuggler Mountain was placed on the National Priorities Lists set forth at 40 C.F.R. Part 300, Appendix B (1994). On October 16, 1989, the United States filed a complaint in Civil No. 89-C-1802, United States District Court, District of Colorado, pursuant to Sections l07 and 113(g)(2) ofCERCLA, 42 U.S.C. §§ 9607 and 9613(g)(2), to recover its response costs incurred in connection with what became known as the Smuggler Mountain Superfund Site. EPA divided the Smuggler Mountain Superfund Site into two units. Operable Unit 1 (OU 1) consisted primarily of the improved real property on the lower reaches of Smuggler Mountain, including the Smuggler Mountain Mobile Home Park, numerous residences and several condominium developments on Smuggler Mountain including the Centennial Condominiums. Operable Unit 2 (OU2) consisted principally of unimproved uplands owned by Smuggler-Durant Mining Corporation ("SDMC"), approximately 42 acres, and included the 9.9 acre Smuggler Mine Site. The demarcation or boundary between OU1 and OU2 is the so-called Della S.-Smuggler compromise westerly endline.' SDMC's CERCLA obligations are addressed in a PARTIAL CONSENT DECREE between the United States and SDMC, entered August 2, 1995 by the Honorable Jim R. Carrigan in Civil No. 89- ' This boundary is identical to the bearings contained in the second and third courses (the westerly boundary) of the Smuggler Mine Site legal description, Application Exhibit A, ante p. 3. - 14 - SMUGGLER MME SITE