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H • As interpreted from the Closeout Report, it appears that the essential OU-2 issues of interest to EPA and the parties are: • the contaminants of concern include only Cd and Pb, • the COCs may be present only in soil and mine waste, • humans are the only potential receptors, and • the pathways include direct ingestion by contact and by inhalation of airborne particles. The State of Colorado, and in particulaz the Division of Minerals and Geology, was not a party to the Administrative Order on Consent. To our knowledge, the DMG was not consulted regazding the AOC. The authorities of the Mined Land Reclamation Board and the Division of Minerals and Geology are limited to those spelled out in the Mined Land Reclamation Act, and in the Rules and Regulations of the Mined Land Reclamation Board. In their essence, these authorities do not permit either the Boazd or the Division to enforce the regulations of other agencies. Furthermore, those authorities are limited in time to "life of mine," which is to say that once mined land reclamation is complete (i.e., it meets the minimum requirements of the Act, the Rules and Regulations, and any permit conditions), the mine site must then be released from further reclamation obligations by the State. In the "Summary of Operation and Maintenance "section of the Closeout Report, the requirements for OU2 aze described as follows: "OU2 will continue to operate as a limited silver mining operation. During its operation, OU2 will be subject to ongoing dust suppression, grading and recontouring (if necessary), and crib wall construction (if necessary). There will be security on the mine site indefinitely. The existing fence will be extended up the face of Smuggler Mountain to increase the security of the property from trespassers. "These ongoing activities are required as part of the AOC with the mine site owners. Further, the requirements of the AOC have been made a part of the mines site operating permit, and will be required throughout the life of the mine, to be enforced independently by EPA and the State Mine Reclamation Board [sic]." The attending section on "Protectiveness" states: "EPA has determined that the remedy is sufficient to protect human health and the environment because it breaks the exposure pathway by preventing direct contact with contaminated soils and tailings. " ... The long term effectiveness and performance of the remedy is ensured by monitoring and maintenance of the clean soil cap and vegetative cover."