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UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION IX

75 Hawthorne StreetSan Francisco, CA 94105

MEMORANDUM

DATE:

SUBJECT:

FROM:

FROM:

THROUGH:

TO:

TO:

PURPOSE

DEC 1 6 2083

Request for a Time-Critical Removal Action at the McCleur TailingsSite, Prescott, Yavapai County, Arizona

Harry Allen, On-Scene CoordinatorEmergency Response Section (SFD-9-2

Anne P. Fischer, On-Scene CoordinatorSouthwest Region, United States Forest Service

Peter Guria, ChiefEmergency Response Section (SFD-9-2)

Daniel Meer, ChiefResponse, Planning & Assessment Branch (SFD-9)

Harv Forsgren, Regional ForesterSouthwest Region, United States Forest Service

The purpose of this Action Memorandum is to obtain approval to spend up to$392,312 in direct costs to mitigate threats to human health and the environment posedby the presence of mine wastes at the McCleur Tailings Site ("Site"). The Site islocated approximately 8 miles southeast of Prescott, Yavapai County, Arizona. ThisAction Memorandum will be considered a Joint Action Memorandum between theUnited States Environmental Protection Agency (U.S. EPA) and the United StatesForest Service (USFS).

The Joint Action Memorandum would serve as approval for expenditures of U.S.EPA, as the lead technical agency, to take actions described herein to abate imminentand substantial endangerment posed by hazardous substances, including lead andarsenic, at the Site. The proposed removal of hazardous substances would be takenpursuant to Section 104(a)(1) of the Comprehensive Environmental Response,Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9604(a)(1), and Section300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan("NCP"), 40 CFR § 300.415.

II. SITE CONDITIONS AND BACKGROUND

Site Status: Non-NPLCategory of Removal: Time-CriticalCERCLIS ID: AZ0000309096SITE ID: 09KM

A. Site Description

1. Physical Location

The Site is situated within un-incorporated areas of the Bradshaw Ranger Districtof the Prescott National Forest. The physical location of the Site is approximately 8miles south of downtown Prescott at the intersection of the Senator Highway (ForestRoute 52) and the Walker Road (Forest Route 197). The geographic coordinates of theSite are 34° 25' 25" N latitude and 112° 25' 34" W longitude, in Township 12 1/2 N,Range 2W, Section 36 on the Groom Creek, AZ (7.5-minute) topographic quadrangle.See Figure 1 for a Site Location Map.

2. Site characteristics

The Site encompasses both privately owned land and USFS land. Hazardoussubstances have been detected on both the private and USFS portions of the Site. TheSite is situated alongside the Senator Highway, within and adjacent to the ripariancorridor of a first-order, ephemeral stream. The stream is an unnamed tributary to theHassayampa River; the Site is located approximately !4 mile upstream of theconfluence of the unnamed tributary and the river. Mine tailings and waste rock havebeen observed within and around the riparian corridor of the stream. The unnamedtributary comes into confluence with a second unnamed tributary immediatelydowngradient of the Site (see Attachment II for the Photograph Log) forming the MapleGulch tributary.

Tailings and waste rock have been observed within the stream channel andthroughout the stream corridor. The impacted area includes approximately 600 feet ofthe length of the stream corridor at a width ranging from 30 feet to 90 feet. The totalvolume of tailings and waste rock has been estimated to be approximately 1,600 cubicyards. Tailings and waste rock material as well as soils and sediments on the Site areheavily stained, varying in color between white and dark red or rust. Significant impactsresulting from acid-mine drainage (AMD) have also been observed; the stream channelitself is rust-stained and vegetation is absent within the impacted area (see AttachmentII). A large waste rock pile is located on a slope adjacent to the impacted area onbench above the tributary near the southern site boundary.

Substantial mining activities occurred at many sites within the area between the1860s and 1950s. Historical records and visual observation indicate that the Site was

Basemapsource:U.S.DepartmentofAgriculture,ForestService,PrescottNational Forest

A R I Z O N A!-»-»

17x

hoenix

EcologyandEnvironment,Inc.

Figure 1

SITE LOCATION MAPPrescott National Forest

Prescott, Arizona

TDD:099903-0011PAN: 09-0413LCTMXX

an unpatented claim and was likely used exclusively for milling operations. Twophysical structures are situated on the Site. These are a small concrete pad or formerfoundation and a rock-lined pit. Mine tailings and waste rock cover the predominantportion of the Site surface. A recent investigation of the Site by the USFS postulatedthat a flotation mill operated at the Site (see Section II.B).

3. Removal site evaluation

In July of 1999, the U.S. EPA conducted a removal site evaluation of severalsources or sites in the Hassayampa River Watershed. During the investigation theSuperfund Technical Assessment and Response Team (START) observed tailingswithin the stream channel at the McCleur Tailings Site. START collected samples fromsoils, sediments and surface waters at the Site. Analytical results indicated thepresence of hazardous substances at concentrations exceeding their respective health-based benchmarks. These included antimony, arsenic, cadmium, lead, and mercury.

On May 1, 2003, U.S. EPA and START conducted a walkthrough of the Site.Two USFS On-Scene Coordinators (OSCs) also participated and provided pertinentbackground information regarding various sites within the Lynx Creek and Hassayampawatersheds. In addition, attorneys from the USFS and U.S. Department of Agriculture(USDA), and representatives from the U.S. Fish and Wildlife Service (USFWS) andArizona Department of Environmental Quality (ADEQ), Water Quality Division, alsoaccompanied U.S. EPA and the USFS.

4. Release or threatened release into the environment of a hazardoussubstance, or pollutant or contaminant

Releases of waste rock and tailings material from the Site have occurred.Tailings and waste rock containing high levels of heavy metals have been depositedinto the stream channel of the unnamed tributary. The threat of future releases of finer-grained tailings and waste rock laden with heavy metals from the Site is on-going.Concentrations of arsenic and lead were detected in soil and sediments collected at theSite during investigations conducted in 1999, 2001 and 2003.

Analytical results from samples collected from tributary sediments and fromtailings and waste rock piles indicated the presence of heavy metals. In soil samples,arsenic was detected at 52.4 milligrams per kilogram (mg/kg), 35.5 mg/kg and 173mg/kg. Lead was detected in soil at a concentration of 1,180 mg/kg. In sediments,collected from the stream channel of the unnamed tributary, arsenic was detected 255mg/kg and 24.4 mg/kg and lead was detected at 435 mg/kg and 2,750 mg/kg. Inaddition, a pH of 2.2 was measured in on-Site stained soils; a pH of 2.9 was measuredin on-Site stream channel sediments. Table 4.1 contains a summary of selected pastanalytical results. Other heavy metals identified in various sampling events include,antimony, cadmium, chromium, copper, iron, mercury, selenium, silver, and zinc.

Analytical results also indicate the likelihood of AMD discharges. Sulfates weremeasured in tailings at much greater concentrations than comparable backgroundsamples. Analysis of tailings samples also revealed high acid-generating potential.Similarly, pH measurements in impacted soil and sediments, as well as stream flowswere significantly more acidic than comparable background measurements.

Table 4.1 - Summary of Selected Analytical Results

Contaminant

Lead

Arsenic

pH

Soil(mg/kg)

2491

52.41

1192

3S.52

1,180s

1733

2.2'

Sediments(mg/kg)

2,7501

2551

4352

24.42

2.92

EPA PRO(mg/kg)

400

21

AZSRL(mg/kg)

400

10

Not applicable' - E&E sampling result July 1999.2 - Weston sampling result, May 2001.3 - SAIC sampling result, June 2003.Note: bolded results indicate that measured concentrations exceed applicable health-based benchmarks.EPA PRG - U.S. EPA's Preliminary Remediation Goal; AZ SRL - ADEQ's Soil Remediation Level.

5. NPL status

This Site is not on the National Priorities List (NPL). In May of 2001, WestonSolutions, Inc. (WESTON) conducted a Preliminary Assessment/Site Inspection (PA/SI)for U.S. EPA of abandoned mine sites located within the Hassayampa Watershed.Multiple mine waste areas were included in this assessment as sources. The HazardRanking System was utilized to evaluate the McCleur Tailings Site along with five othersources (i.e., mining and milling operations, adits, waste rock piles, and tailings piles,also sites). The following is a list of the sources, which were evaluated in aggregate.

Holiday Girl Mine - AZ0001038785Lion Adit - AZN000905896

• McCleur Tailings - AZ0000309096McKinley Mill - AZN000905897

• Senator Mine - AZ0000309211Storm Cloud Mine - AZ0001038546Sundance Mine - AZ0001039379

The PA/SI report identified actual and/or threatened releases of hazardous substancesat some of these sources or sites, including the McCleur Tailings Site. U.S. EPA maytake future action at other sites within the watershed. Conditions at the McCleurTailings Site pose imminent and substantial endangerment (see Sections III and IV).The proposed Time-Critical Removal Action will complete all work at the Site.

B. Other Actions to Date

A large portion of the Site is located on land within the jurisdiction of the USFS.Science Applications International Corp. (SAIC) has prepared a site characterizationreport on behalf of the USFS. As part of the report, a surveying effort was undertakento establish the boundary of USFS jurisdiction and to quantify the volume of tailings andwaste rock within that jurisdiction. Three main tailings and/or waste rock piles wereidentified in the report. Sampling results documented the presence of heavy metals intailings and waste rock materials. In addition, analytical results determined the acid-generating potential of the three tailings and waste rock areas.

The report also identified several Removal Action Objectives and conducted ascreening analysis of Removal Action Alternatives. Analytical and surveying data werealso provided. These data will inform cleanup decisions and treatment feasibility. Theaction will proceed as a Time-Critical Removal Action, with U.S. EPA acting as thetechnical lead, because the conditions at the Site warrant time-critical response (SeeSections III and IV).

C. State and Local Authorities' Roles

1. State and local actions to date

The ADEQ Water Quality Division established Total Maximum Daily Loads(TMDLs) for dissolved metals in the headwaters of the Hassayampa River. Thesegment of the watershed stretching from the headwaters of the river to its confluencewith Blind Indian Creek has been designated "water quality limited" and non-attainmentof aquatic and wildlife warm water designated use standards for cadmium, copper andzinc. These designations were made under Section 303(d) of the Clean Water Act.The McCleur Tailings Site, among others within the watershed, was identified as asignificant source of dissolved metals. TMDLs were established for the HassayampaRiver Watershed as a step toward developing an implementation plan for bringing thewatershed into compliance. The TMDL report prepared by ADEQ supports the need toabate releases of hazardous substances at the Site.

The ADEQ Superfund Division has been contacted during the course of Siteassessment and planning activities. U.S. EPA has determined that ADEQ is notplanning to take action to mitigate threats posed by contamination at the Site. Bycorrespondence dated December 3, 2003 ADEQ waived U.S. EPA's notice requirementpursuant to Section 128(b)(1)(D) of CERCLA.

III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT,AND STATUTORY AND REGULATORY AUTHORITIES

Current Site conditions pose the threat of potential future releases of hazardoussubstances. These substances include arsenic, lead and other heavy metals presentwithin mine tailings and waste rock, contaminated soils and sediments. In addition,AMD generated by tailings and waste rock materials poses threats to human healthand/or welfare or the environment. The likelihood of direct human exposure, viaingestion and/or inhalation of hazardous substances, and the threat of potential futurereleases and migration of those substances, pose an imminent and substantialendangerment to public health, and/or welfare, or the environment based on the factorsset forth in the NCP, 40 CFR § 300.415(b)(2). These factors include:

1. Actual or potential exposure to hazardous substances or pollutants orcontaminants by nearby populations or the food chain

As described in Section II.A.4, high concentrations of heavy metals including butnot limited to arsenic and lead have been detected in samples of tailings and wasterock piles, soil, and stream channel sediments. Much of this waste material is very fine-grained and therefore likely to result in human exposure via inhalation or ingestion.Hazardous substances may be entrained in naturally and mechanically generated dust.

Analytical results indicate that concentrations of heavy metals identified in thesemedia, exceed background and regulatory levels including U.S. EPA's PreliminaryRemediation Goals (PRGs). Direct human contact with dust containing metals, viainhalation or ingestion, may result in eye, skin, nose and/or lung irritation. Ingestion oflead may cause organ damage and result in weakness and other neurologicalimpairment. Inhalation of inorganic arsenic can cause throat and lung irritation. Inaddition, ingestion of arsenic can cause nausea and vomiting, decreased production ofred and white blood cells, abnormal heart rhythm, and damage to blood vessels. Directcontact with arsenic may cause redness and swelling of the skin. Prolonged exposuremay lead to symptoms such as peripheral neuropathy and hyper pigmentation of theskin. Arsenic exposure also increases the risk of several types of cancer. Exposure toAMD through direct dermal contact may also result in skin, nose, and eye irritation.

Mine tailings and waste rock at the Site are readily accessible to nearby part-timeand/or full-time residents and other persons that utilize the area for recreationalpurposes. The Site is situated in close proximity to two burgeoning residentialsubdivisions and is directly adjacent to a well-traveled road (the Senator Highway).Persons living in close proximity to tailings and waste rock piles, or engaging inrecreational activities on or in close proximity to the Site are likely to come into contactwith uncontrolled hazardous substances present within the mine wastes. Recreationalactivities in the vicinity of the Site include hiking, biking, use of all-terrain vehicles, andcamping. Fire pits and four-wheeler tracks have been observed on the Site. The Sitemay be considered an attractive nuisance because of its unique appearance. Physical

characteristics of the Site, such as the possibility of slope failure, also pose significanthazards to casual users of the Site.

In addition, tailings from the Site have resulted in significant environmentalimpacts to the unnamed tributary and potential impacts to the Hassayampa River itself.Much of the riparian corridor of the unnamed tributary is denuded. Significant stainingof the stream channel has resulted from direct tailings and waste rock deposition. Therelease of AMD has resulted in significant impacts to the riparian corridor of theunnamed tributary as well. High concentrations of metals in sediments has likelymanifested in toxic impacts on aquatic life in the unnamed tributary and possibly furtherdownstream. Wildlife may also be exposed to hazardous substances in fine-grainedtailings and waste rock via the ingestion and inhalation pathways.

2. Weather conditions that may cause hazardous substances or pollutants orcontaminants to migrate or be released

Analytical results from sediment analysis suggest that tailings in the streamcorridor contain hazardous substances. Visual observation suggests that tailings andwaste rock are incrementally washed into the tributary during base-flow and high-flowperiods. Tailings, waste rock, and contaminated soils within the stream channel pointbar and cut bank regularly come into contact with, and are eroded or deposited intosurface waters during flow periods. Regionally, stream-flow is dominated by wintersnowmelt and summer monsoons, disappearing completely during exceptionally dryperiods such as early summer. The mean annual precipitation is approximately 19inches.

During unusually wet periods high stream flow likely delivers large quantities oftailings directly into downstream surface waters. USFS investigation findings alsosuggested that the northernmost tailings pile on the Site was originally placed behind astarter dam that was destroyed by flooding. Failure of the starter dam must havetransported a large quantity of tailings downstream. Furthermore, sheet erosion flowingover the tailings piles also is likely to result in deposition of tailings into the tributary.Because the tributary is ephemeral it is assumed that tailings material is not carried intothe stream during dry periods. Wind erosion may result in tailings dust deposition onroads and on residential properties.

3. Threat of fire or explosion

There is no threat of explosion at the Site; however, wildfires are a commonoccurrence in the region. A nearby fire might exacerbate conditions at the Site.Wildfires may destroy nearby vegetation leading to increased runoff velocities and agreater propensity for erosion. Higher erosion rates would increase the likelihood oftailings deposition into surface water bodies or onto surfaces where persons may moreeasily come into contact with metals contamination. Further vegetative loss in the areamay also increase the likelihood of wind erosion and off-site deposition.

4. Availability of other appropriate Federal or State response mechanisms torespond to the release

A portion of the Site (approximately 50%) is situated on USFS land; theremainder is located on private property. The USDA is granted CERCLA authorities byExecutive Order No. 12580; however, USFS does not have the authority to conduct aremoval action on privately owned land. It is the intention of U.S. EPA and USFS tocoordinate removal activities across the entire Site. Because of the jurisdictional issueswhich span the Site, a Memorandum of Understanding (MOU) and an InteragencyAgreement (IAG) will be prepared to coordinate the U.S. EPA lead Time-CriticalRemoval Action at the Site with the USFS.

IV. ENDANGERMENT DETERMINATION

Actual and threatened releases of hazardous substances from this site, if notaddressed by implementing a Time-Critical Removal Action may continue to present animminent and substantial endangerment to public health, or welfare, or the en-vironment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

U.S. EPA proposes to mitigate imminent and substantial threats to humanhealth, welfare, or the environment by taking steps to prevent the release of hazardoussubstances and AMD from mine tailings and waste rock to the surface waters of theunnamed tributary and to the surrounding environment where there is a high likelihoodof direct human contact. The removal action will include the following objectives:

• Remove tailings and waste rock from the stream channel of the unnamedtributary within the Site boundary. Remove and/or stabilize all on-Site tailingsand waste rock within the riparian corridor of the unnamed tributary as deemednecessary.

• Mitigate the threat of future releases of hazardous substances within the tailingsand waste rock using a possible combination of three options: disposal off site;restaging and capping on site; and capping in place. Site grading and bankstabilization techniques may be used to abate the release of tailings depositswithin or in close proximity to the stream channel.

• Biosolids material will be used to cap mine tailings either in-place or in tailingsand waste rock restaging areas. Biosolids will reduce the toxicity of the tailingsmaterial. Native plants will be planted in the cap to establish vegetative structure

8

and control sheet erosion.

2. Contribution to remedial performance

Long term remedial action at the McCleur Site is not currently anticipated;however, U.S. EPA is considering broader response to issues of mine waste within thelarger watershed. This removal action would complete all clean-up activities at the Site.

The long-term cleanup plan for the site:

It is expected that this removal action will eliminate any threat of direct or indirectcontact or inhalation of hazardous substances at the Site. There is no knowngroundwater contamination at the Site.

Threats that will require attention prior to the start of a long-term cleanup:

There is no long-term cleanup planned for this Site; however, U.S. EPA Region 9will evaluate other mine waste sites within the watershed based on time-criticalconsiderations.

The extent to which the removal will ensure that threats are adequately abated:

The removal and/or stabilization of abandoned, above ground hazardoussubstances will abate the threats posed by the Site.

Consistency with the long-term remedy:

U.S. EPA asserts that the Time-Critical Removal proposed for the Site isconsistent with addressing mine waste issues within the Hassayampa Watershed.

3. Description of alternative technologies

The use of biosolids is considered to be an alternative technology. Biosolidsconsist of composted municipal sewage sludge and various soil amendments.Biosolids will be applied to mine tailings and metals-contaminated soils in order tocapture and bind metals within the soil structure, thus decreasing human andecotoxicity. Research conducted by the U.S. EPA, the USDA and others has shownthat this technology is very feasible and cost-effective and will significantly reduce highconcentrations of bioavailable metals in soil.

4. Applicable or relevant and appropriate requirements (ARARs)

Section 300.415(j) of the NCP provides that removal actions must attain ARARsto the extent practicable, considering the exigencies of the situation.

Section 300.5 of the NCP defines applicable requirements as cleanup standards,standards of control, and other substantive environmental protection requirements,criteria or limitations promulgated under Federal environmental or State environmentalor facility siting laws that specifically address a hazardous substance, pollutant,contaminant, remedial action, location or other circumstances at a CERCLA site.

Cleanup standards for the stream channel excavation will be based upon theU.S. EPA PRGs and State of Arizona Soil Remediation Levels (SRLs) for lead andarsenic in soil, or may be based upon a comparison to background concentrations inthe immediate vicinity of the Site. Cleanup goals for the treated area will based onSimulated Precipitation Leaching Procedure (SPLP) target concentrations and /or a pre-determined index for bioavailability of target metals.

Section 300.5 of the NCP defines relevant and appropriate requirements ascleanup standards, standards of control and other substantive requirements, criteria, orlimitations promulgated under Federal environmental or State environmental or facilitysiting laws that, while not "applicable" to a hazardous substance, pollutant, orcontaminant, remedial action, location, or other circumstances at a CERCLA site,address problems or situations sufficiently similar to those encountered at the CERCLAsite and are well-suited to the particular site.

Because CERCLA on-site response actions do not require permitting, onlysubstantive requirements are considered as possible ARARs. Administrativerequirements such as approval of, or consultation with administrative bodies, issuanceof permits, documentation, reporting, record keeping, and enforcement are not ARARsfor the CERCLA sections confined to the site.

The following ARARs have been identified for the proposed response action. All.can be attained.

Federal ARARs: The CERCLA Off-Site Disposal Rule OSWER Directive 9347.3-8FS; and the U.S. Department of Transportation of Hazardous Materials Regulations 49CFR Part 171, 172 and 173.

State ARARs: None identified at this time.

5. Project schedule

It is estimated that removal activities will take approximately 14 working days tocomplete.

10

B. Estimated Costs

Regional Removal Allowance Costs

Cleanup Contractor $ 175,000

Extramural Costs Not Fundedfrom the Regional Allowance

START Contractor 50.000

Extramural Subtotal $ 225,000

Extramural Contingency (20%) $ 45.000

TOTAL, Removal Action Project Ceiling $ 270,000

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYEDOR NOT TAKEN

Given the site conditions, the nature of the hazardous substances documentedon site, and the potential exposure pathways to nearby populations described inSections III and IV above, actual or threatened releases of hazardous substances fromthe Site, if not addressed by implementing the response actions selected in this ActionMemorandum, may present an imminent and substantial endangerment to publichealth, or welfare, or the environment.

VII. OUTSTANDING POLICY ISSUES

There are no outstanding policy issues with the Site identified at this time.

VIII. ENFORCEMENT

Please see the attached Confidential Enforcement Addendum for a discussionregarding potentially responsible parties. In addition to the extramural costs estimatedfor the proposed action, a cost recovery enforcement action also may recover thefollowing intramural costs:

Intramural Costs1

U.S. EPA Direct Costs $ 20,000

U.S. EPA Indirect Costs (35.28%) $ 102.312

TOTAL Intramural Costs $ 122,312

The total U.S. EPA extramural and intramural costs for this removal action, based onfull-cost accounting practices, that will be eligible for cost recovery are estimated to be$392,312.

1. Direct costs include direct extramural costs and direct intramural costs. Indirect costs arecalculated based on an estimated indirect cost rate expressed as a percentage of site-specific directcosts, consistent with the full cost accounting methodology effective October 2, 2000. These estimates donot include pre-judgement interest, do not take into account other enforcement costs, includingDepartment of Justice costs, and may be adjusted during the course of a removal action. The estimatesare for illustrative purposes only and their use is not intended to create any rights for responsible parties.Neither the lack of a total cost estimate nor deviation of actual costs from this estimate will affect theUnited States' right to cost recovery.

IX. U.S. EPA RECOMMENDATION

This decision document represents the selected removal action for the McCleurTailings Site, Prescott, Yavapai County, Arizona developed in accordance withCERCLA as amended, and not inconsistent with the NCP. This decision is based onthe Administrative Record for the Site.

Because conditions at the site meet the NCP criteria for a Time-Critical RemovalAction, U.S. EPA enforcement staff recommend the approval of the removal actionproposed in this Action Memorandum. The total project ceiling if approved will be$392,312, of which an estimated $175,000 comes from the Regional RemovalAllowance. Approval may be indicated by signing below.

Approve:Daniel Meer, C h i e f ^ DateResponse, Planning and Assessment Branch

Disapprove:Daniel Meer, Chief DateResponse, Planning and Assessment Branch

Enforcement Addendum

Attachments:

1. Index to the Administrative Record2. Photograph Log

cc: Lisa Boynton, USEPA, OERR, HQPat Port, U.S. Department of InteriorPhil McNeely, Arizona Department of Environmental Quality

IX. U.S. EPA RECOMMENDATION

This decision document represents the selected removal action for the McCleurTailings Site, Prescott, Yavapai County, Arizona developed in accordance withCERCLA as amended, and not inconsistent with the NCP. This decision is based onthe Administrative Record for the Site.

Because conditions at the site meet the NCP criteria for a Time-Critical RemovalAction, U.S. EPA enforcement staff recommend the approval of the removal actionproposed in this Action Memorandum. The total project ceiling if approved will be$392,312, of which an estimated $175,000 comes from the Regional RemovalAllowance. Approval may be indicated by signing below.

Approve:Daniel Meer, Chief DateResponse, Planning and Assessment Branch

Disapprove:Daniel Meer, Chief DateResponse, Planning and Assessment Branch

Enforcement Addendum

Attachments:

1. Index to the Administrative Record2. Photograph Log

cc: Lisa Boynton, USEPA, OERR, HQPat Port, U.S. Department of InteriorDirector, Arizona Department of Environmental Quality

X. USFS RECOMMENDATION

This decision document represents the selected removal action for the McCleurTailings Site, Prescott, Yavapai County, Arizona developed in accordance withCERCLA as amended, and not inconsistent with the NCP. This decision is based onthe Administrative Record for the Site.

Because conditions at the site meet the NCP criteria for a Time-Critical RemovalAction, USFS staff recommend the approval of the removal action proposed in thisAction Memorandum. The total project ceiling if approved will be $392,312, of which anestimated $175,000 comes from the Regional Removal Allowance. Approval may beindicated by signing below.

Approve:Harv Forsgren, Regional ForesterSouthwest Region, USFS

Date

Disapprove:Harv Forsgren, Regional ForesterSouthwest Region, USFS

Date

Attachments:

1. Index to the Administrative Record2. Photograph Log

cc: Lisa Boynton, USEPA, OERR, HQPat Port, U.S. Department of InteriorPhil McNeely, Arizona Department of Environmental Quality

bcc: A. Fischer, USFSM. Hope, USDAH. Fliniau, USDASite File

bcc: H. Allen, SFD-9-2J. Wirtschafter, ORC-3J. Jaros, SFD-9-2C. Temple, SFD-9-2Site File

ATTACHMENT IINDEX TO THE ADMINISTRATIVE RECORD

1. Checklist for Conducting Removal Site Evaluations at the Lynx Creek Mine Sites,Prepared by: Dan Shane, FOSC. March 25, 1999.

2. McCluer [sic] Tailings Site, Prescott National Forest, Bradshaw Ranger District,Site Characterization Site. Prepared by: Science Applications InternationalCorporation. Pages: 2-1 through 2-11, 3-1 through 3-19, 5-3 through 5-6, 6-1through 6-18. July 2003.

3. TMDLs for Cadmium, Copper, and Zinc in the Hassayampa River HUC#15070103-007. Prepared by: ADEQ, Water Quality Division, Hydrologic Supportand Assessment Section/TMDL Unit. Pages: 12, 24, and 25. October 2, 2002.

4. Final Preliminary Assessment/Site Inspection Report, Abandoned Mines withinthe Hassayampa River Watershed, Prescott, Arizona. Prepared by: WestonSolutions, Inc. Pages: 1-3, 2-5, 2-15 through 2-18, 3-1 through 3-4, 3-10, 4-1through 4-7. August 29, 2002.

5. Correspondence from Philip A. McNeely, Manager, Superfund ProgramsSection, Arizona Department of Environmental Quality to Peter Guria, Chief,Emergency Response Section, U.S. EPA Region 9. Subject: McCleur TailingsSite - EPA Time-Critical Removal Action. Dated December 3, 2003.

ATTACHMENT IIPHOTOGRAPH LOG

MCCLEUR TAILINGS SITE ACTION MEMORANDUMPHOTOGRAPH LOG

Photograph 1. The confluence of two tributaries in the Maple Gulchdrainage occurs immediately downstream of the McCleur Tailings Site.

Photograph 2. Weathered tailings cover the stream bank and evidence ofacid mine drainage is observed in the streambed.

MCCLEUR TAILINGS SITE ACTION MEMORANDUMPHOTOGRAPH LOG

Photograph 3. Evidence of environmental impacts is observed due to thepresence of mine tailings and concomitant acid mine drainage.

Photograph 4. Visual observation suggests that mine tailings are enteringsurface waters during peak stream flows.