<\/p>\n
The same Environmental Protection Agency crew that caused the Gold King Mine spill is again catching flak for using potentially toxic material from a mine waste pile to improve a road north of Silverton.<\/p>\n
About two weeks ago, local residents started to notice that a portion of County Road 53, a remote dirt road that travels through the San Juan Mountains, was resurfaced and widened with a white-yellowish material.<\/p>\n
After further investigation, it came to light that the road was covered with mine waste rock taken from the base of the Mogul Mine, one of the largest culprits of degrading water quality in the Animas River watershed.<\/p>\n
The Mogul Mine waste pile is such a large contributor of toxic metals that it was included on the Animas River Stakeholders Group list of 34 mine waste piles and 33 leaking mines that account for 90 percent of metal loading in the entire basin.<\/p>\n
\u201cThat mine waste site had a lot more metals than many of the other sites up there,\u201d said Peter Butler, a coordinator with ARSG. \u201cIt was definitely a priority for us.\u201d<\/p>\n
That the EPA-contracted crew \u2013 Environmental Restoration LLC \u2013 used the waste rock for road improvements has caused a backlash toward an agency that is tasked with improving water quality in the watershed.<\/p>\n
\u201cThey used waste rock that was not treated or processed or modified, and that\u2019s a concern for us,\u201d said San Juan County Commissioner Pete McKay. \u201cWe have some wetlands and fens down there.\u201d<\/p>\n
Residents are also outraged that the EPA proceeded on the road improvement project without San Juan County\u2019s permission, or even notification, before work began.<\/p>\n
For almost 20 years, the small mountain community of about 600 people had opposed federal intervention on the cleanup of the area\u2019s widespread pollution because of a legacy of hard-rock mining, mostly in the late 1800s and early 1900s.<\/p>\n
The conversation changed in August 2015 when the EPA\u2019s contracted crew breached the portal of the Gold King Mine, releasing 3 million gallons of mine waste down the Animas River. At that time, Silverton was lured to a Superfund listing with the promise of a seat at the table.<\/p>\n
\u201cThey didn\u2019t ask the county,\u201d Silverton Town Trustee Pete Maisel said of the road project. \u201cAnd the county is upset about it.\u201d<\/p>\n
Several San Juan County staff members did not return calls seeking comment Thursday.<\/p>\n
The EPA works in two divisions at the Bonita Peak Mining District Superfund site, with a \u201cremedial crew\u201d and a \u201cremoval crew,\u201d said Rebecca Thomas, project manager for the Bonita Peak Mining District Superfund site.<\/p>\n
Thomas said Thursday that it was determined earlier this year that a gauge needed to be installed at the Mogul Mine to measure the water pressure behind the mine\u2019s bulkhead. The EPA also wanted to install a gate at the entrance of the mine to keep people out.<\/p>\n
To do so, the EPA needed to bring heavy equipment up to the difficult-to-access site, which required the road improvements, a task that fell to the direction of the Environmental Restoration \u2013 the removal crew.<\/p>\n
Environmental Restoration apparently used the potentially toxic material without any sort of prior notification or approval.<\/p>\n
\u201cWe asked them to do the work, but we don\u2019t necessarily tell them how to do it,\u201d Thomas said. \u201cThis is just a case where they knew they needed to improve the road.\u201d<\/p>\n
Thomas said now that the work on Mogul Mine is complete, the mine waste rock used on the road will be removed and put back at the dumpsite. The road will be returned to its original condition.<\/p>\n
\u201cI don\u2019t know if this was (Environmental Restoration\u2019s) plan from the outset or not, but it makes sense to do it this way,\u201d Thomas said. \u201cI think the biggest misstep EPA took was not informing the county ahead of time.\u201d<\/p>\n
The rogue work also caught the attention and ire of Albert Kelly, one of EPA Administrator Scott Pruitt\u2019s senior advisers and appointed lead on a task force focused on streamlining the EPA\u2019s Superfund program.<\/p>\n
Kelly was on an impromptu and unannounced two-day tour of the mine sites around Silverton. He also met with some officials in Durango and Silverton.<\/p>\n
\u201cHe promised us last night (Wednesday) it will be taken care of,\u201d Maisel said. \u201cI believe he was pissed off at his own people.\u201d<\/p>\n
To avoid any similar conflicts in the future, the EPA intends to improve how it will share information about its projects to San Juan County, Thomas said.<\/p>\n
She said Kelly\u2019s visit was a positive step in moving forward with the Bonita Peak Superfund site, and a sign the EPA administration is dedicated to committing resources to its cleanup.<\/p>\n
In August, Pruitt, too, visited the Gold King Mine site.<\/p>\n
\u201cThat level of interest from the administrator\u2019s office \u2026 really shows the administrator\u2019s emphasis and priority,\u201d Thomas said.<\/p>\n