MEC&F Expert Engineers : WE NEVER ACCUSED U.S. EPA OF BEING COMPETENT: Anger Rises as E.P.A. Increases Estimate of Toxic Water Spill at Colorado Mine; more than three million gallons rather than one million. State of Emergencies Issued.

Monday, August 10, 2015

WE NEVER ACCUSED U.S. EPA OF BEING COMPETENT: Anger Rises as E.P.A. Increases Estimate of Toxic Water Spill at Colorado Mine; more than three million gallons rather than one million. State of Emergencies Issued.

















Gold King Mine Release Incident Silverton (San Juan County), CO - EPA Region VIII  
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Site Contact: EPA Region 8 R08_EOC_IT_Support@epa.gov
County Road 52
Silverton (San Juan County), CO 81433
epaosc.org/GoldKingMine Latitude: 37.8945000 Longitude: -107.6384000
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On August 5, 2015, an EPA team working to investigate and address contamination at the Gold King Mine in San Juan County, Colorado, unexpectedly triggered a large release of mine waste water into the upper portions of Cement Creek. Initial estimates are that the release contained approximately one million gallons of water that was held behind unconsolidated debris near an abandoned mine portal. There were several workers at the site at the time of the breach, all were unharmed.

8/9/2015

This morning EPA is releasing a detailed data table of the sampling in Cement Creek and the upper portions of the Animas River from August 5, the date of the incident, and August 6.

EPA expects to have new data from August 7 which is currently undergoing review and will be available to the public later today. We acknowledge frustration with the turnaround time for this information. Workers at the lab and data experts are working continuously to develop the information.

The data table contains a list of analyzed constituents, largely metals, and their numeric value in micrograms per liter, which is equal to parts per billion, or ppb.

The data table released today will include updates to the information released by EPA on August 7. The incident, which occurred on August 5, caused an increase in concentrations of total and dissolved metals as the contaminated mine water moved downstream. These concentrations began to trend toward pre-event conditions by August 6. August 7 and 8 data, when it is available, will inform whether the trend towards pre-event conditions continues.


Note: Total metals analysis for water samples includes the metals content both dissolved in the water and present in the particulates in the water. Typically a dissolved metals analysis of a water sample is performed by removing the particulates with a filter, then analyzing the filtered water for metals


8/8/15 STATEMENT

EPA is committed to working closely with response agencies and state and local officials to ensure the safety of citizens, respond to concerns and to evaluate impact to water contaminated by the spill. EPA teams are deployed throughout the Animas River corridor collecting data.

EPA Region 8 is also in close coordination with Region 6 and Region 9 and the states of Colorado, New Mexico, Utah, Southern Ute Tribe and Navajo Nation.

EPA is sharing information as quickly as possible with the public as experts work to evaluate any effects the spill may have on drinking water, public health, agriculture, fish and wildlife. Regular updates on the response for the public and the media are scheduled throughout the weekend. The latest updates and information on the response at available at: http://www2.epa.gov/region8/gold-king-mine-release- emergency-response.


8/8/15 Update:

• The first two days after the incident, the plume was moving at approximately 4 miles per hour. According to the EPA’s ASPECT (Airborne Spectral Photometric Environmental Collection Technology) flyover, as of the morning of Aug 8th, the plume had reached the confluence of the San Juan River. As of 4:00 pm this afternoon, the plume had roughly reached Kirtland, New Mexico. The plume has been visually diluted and the leading edge of it is far less defined. The water is reported to be muddy with an orange tinge rather than solid orange.

• Sampling data from Cement Creek and the Animas River near Silverton from Aug. 5th and 6th show pH and metals concentrations are decreasing to pre-event conditions. We continue to monitor river conditions at multiple locations to detect trends. Rain events and variations in stream flows can cause the pH and metals concentrations to rise and fall.

• The data shows that pH (acidity) levels and dissolved metals in the Cement Creek and the upper portions of the Animas River spiked in the surface water at locations impacted by the contaminant plume. The data shows in the upstream locations the resident time of the plume in any one location was not long lasting. The trend downstream, in the Animas and San Juan Rivers, is expected to be similar or better than upstream, as the contaminant plume passes.

• Colorado Parks and Wildlife (CPW) officials have been monitoring the effects of the spill on terrestrial and aquatic wildlife since the incident began. CPW is watching for any impacts on wildlife, whether they are acute or chronic. Fish are especially sensitive to changes in water quality. CPW is also monitoring a control station on a clean tributary.

• Colorado Parks and Wildlife has indicated they are optimistic that the effects of the spill on terrestrial wildlife will be minimal.

• The water in Cement Creek and the Animas River in Silverton is clearing. The adit is still discharging approximately 500 gallons per minute and the trend is that flow is decreasing. The discharge is being diverted into the newly constructed ponds and treated before it enters Cement Creek. The treatment appears to be effective.

• A summary of pH and dissolved metals data is available here: http://epaosc.org/goldkingmine

NEXT STEPS
• Continue to treat drainage at mine site.
• Continue to sample the Animas River corridor
• Evaluate and publish data as it is finalized.
• Continue coordination with State, Federal, Tribal and local officials as well as community members, landowners/ water users.
• Continue to provide drinking water and water testing to private well owners.






The Animas River receding to reveal a layer of sludge, just north of Durango, Colo., last week. Credit Jerry McBride/The Durango Herald, via Associated Press

DURANGO, Colo. — 

Anger over a spill of toxic water from a mine that turned this community’s river into a yellow-orange ribbon rose on Sunday when the Environmental Protection Agency announced that the spill was three times larger than previously stated — and that the agency was still unsure if the polluted water posed a health threat to humans or animals.

The agency, typically charged with responding to toxic disasters, has claimed responsibility for the spill, which unleashed a chemical brew that caused levels of arsenic, lead and other metals to spike in the Animas River, a tributary that plays a vital role in the culture and economy in this patch of southwestern Colorado.

Agency officials said on Sunday that the size of the spill was larger than originally estimated: more than three million gallons rather than one million.
La Plata County and the City of Durango have declared states of emergency, and the county estimates that about 1,000 residential water wells could be contaminated. The river is closed indefinitely, and the La Plata sheriff has hastily recast his campaign signs into posters warning river visitors to stay out of the water.

The yellow plume has traveled down to New Mexico, where it is being tracked, but it is starting to dissipate, officials said.

On Sunday night, residents packed a school auditorium in Durango for a meeting with the agency’s regional director, Shaun McGrath. During a public comment session that lasted more than two hours, residents flouted a sign on the wall that instructed the auditorium’s typical patrons — middle schoolers — to refrain from calling out, jumping up or insulting others during assemblies.

Shouts rang out. A few people cried. One resident questioned whether the agency had refashioned itself into the “Environmental Pollution Agency.” Others demanded to know what would happen to wildlife, livestock, water wells, sediment and river-based jobs.

“When — when can we be open again?” said David Moler, 35, the owner of a river-rafting company who had approached a microphone. “All I hear is a handful of ‘gonna-dos,’ ” he added. “What should I tell my employees?”

Mr. McGrath and his colleagues urged patience and assured residents that they would provide information about health risks once they had it. The agency, he said, is awaiting test results to determine whether the water poses a risk.
“We’re going to continue to work until this is cleaned up,” Mr. McGrath said, “and hold ourselves to the same standards that we would anyone that would have created this situation.”

On Aug. 5, a team from the Environmental Protection Agency was investigating an abandoned mine about 50 miles north of here. Called the Gold King, it was last active in the 1920s, but it had been leaking toxic water at a rate of 50 to 250 gallons a minute for years. It is owned by a group called the San Juan Corporation.

A call to the company’s lawyer was not returned.

The agency had planned to find the source of the leak in the hope of one day stanching it. Instead, as workers used machinery to hack at loose material, a surprise deluge of orange water ripped through, spilling into Cement Creek and flowing into the Animas. The burst did not injure workers.


The next day, as the neon water slid into Durango, masses of community members watched from the riverbanks. Some called it a painful procession: The Animas River is considered the cultural soul of this region, a sort of moving Main Street that hosts multiple floating parades a year and is typically bustling with rafters and kayakers.

Children study the river. Sweethearts marry on its banks. Its former name, given by Spaniards, is Río de las Ánimas, coincidentally, “River of Souls.”
On Sunday, State Senator Ellen Roberts, a Republican who lives near the river, cried softly as she considered the pollution, adding that she had dropped her father’s ashes in its depths.

“It is not just a scenic destination,” Ms. Roberts said. “It is where people literally raise their children. It is where the farmers and ranchers feed their livestock, which in turn feeds the people. We’re isolated from Denver through the mountains. And we are pretty resourceful people. But if you take away our water supply, we’re left with virtually no way to move forward.”

There are about 200 abandoned mines in the Animas watershed, the last of which closed in the early 1990s. Colorado has about 23,000 abandoned mines; the United States has an estimated 500,000. Since the 1870s, metal mining has both enriched and poisoned this region, turning the earth under portions of southwest Colorado into a maze of tunnels and leaving behind shuttered sites oozing with chemicals.

The Animas region is distinct in that it has an organization called the Animas River Stakeholders Group, a loose coalition of mining companies; environmental groups; property owners; and local, state and federal government entities that have worked together since 1994 to clean up some of these sites.

In recent years, the group had identified the Gold King as one of the two most polluted mine sites, and some have pushed to figure out the sources of its chemical bleed, believing that a cleanup was necessary. The Environmental Protection Agency was moving ahead with that project — without its partners — when the spill occurred.


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Claims 8/9/2015 Claims
A process exists for compensating citizens who suffer personal injury or property damage caused by US government actions. The process is available in EPA’s regulations at 40 CFR Part 10, and includes guidance on documentation that may be required to support claims for loss of employment and loss of income, among other claims.

Claims for monetary compensation may be filed by submitting a Standard Form 95 specifying the nature of the loss suffered and the EPA actions, if known, causing the loss or damage to property, to either of the following contacts:

Richard Feldman
Claims Officer
U.S. EPA Office of General Counsel
1200 Pennsylvania Avenue, NW (MC 2399A)
Washington, D.C. 20460

Michael Nelson
U.S. EPA Region 8 Office of Regional Counsel
1595 Wynkoop Street (MC 8RC)
Denver, CO 80202

Alternatively, claimants may submit signed electronic versions of Standard Form 95 to EPA for the Gold King Mine Release via e-mail at R8_GKM_Claims@epa.gov beginning Tuesday, August 11, 2015.

The fillable PDF version of Standard Form 95 is available in the documents section of this website or via the link below:

http://www.epaosc.org/sites/11082/files/StandardForm95.pdf

Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act (FTCA) for property damage, personal injury, or death allegedly caused by a federal employee's negligence or wrongful act or omission occurring within the scope of the employee's federal employment.

Standard Form 95 is not required to present a claim under the FTCA, but it is a convenient format for supplying the information necessary to bring an FTCA claim. Please note that a completed form must state a claim for money damages in a “sum certain” amount (that is, a specific amount) claimed for personal injury, death, or injury to or loss of property. In addition, if a sum certain is not specified in Standard Form 95 block 12d, or in accompanying information, a submission cannot be considered a valid presentation of a claim.

Although EPA’s regulations state that the EPA has 6 months to resolve a claim, the Agency will make every effort to respond to Gold King Mine spill claims as soon as possible.  Claims must be presented to the EPA within two years after the claim accrues.