United States of America et al v. Chevron Mining Inc.

Filing 24

ORDER by Magistrate Judge William P. Lynch granting 21 Motion to Approve Consent Judgment. Fully executed consent decree. Court retains jurisdiction. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
________________________________________

)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
CHEVRON MINING INC.,
)
)
Defendant.
)
________________________________________)
UNITED STATES OF AMERICA,
STATE OF NEW MEXICO, and
NEW MEXICO ENVIRONMENT
DEPARTMENT,

16-904 WPL/SCY
Civil Action No. __________

APPENDIX A TO THE FIRST PARTIAL CONSENT DECREE:
STATEMENT OF WORK
FOR THE FIRST PARTIAL REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA)
CONSENT DECREE
AT THE CHEVRON QUESTA MINE SUPERFUND SITE
QUESTA, NEW MEXICO
CERCLIS ID NO: NMD002899094

Table of Contents
1.

INTRODUCTION..................................................................................... 1

2.

PURPOSE .................................................................................................. 2

3.

BACKGROUND INFORMATION ........................................................ 2

4.

ROLE OF EPA .......................................................................................... 4

5.

PARTIAL RD/RA WORK TO BE PERFORMED ............................... 5

5.1.

Mine Site Area ........................................................................................... 6
5.1.1.

Surface-based Mine Dewatering System Operation & Maintenance ......... 6

5.1.2.

New Groundwater Extraction System ........................................................ 7

5.1.3.

Performance Monitoring ............................................................................. 7

5.1.4.

New Mine Site Area Water Treatment Plant .............................................. 8

5.2.

Tailing Facility Area ................................................................................. 8
5.2.1.

Tailing Facility Cover Demonstration Pilot Project ................................... 8

5.2.2.

Excavate Soil at the Dry/Maintenance Area ............................................. 12

5.2.3.

Upgrade Tailing Facility Seepage Interception Systems .......................... 13

5.2.4.

Install and Operate Groundwater Extraction Well System ....................... 14

5.2.5.

Monitor Groundwater and Surface Water................................................. 15

5.2.6.

Monitor and Maintain Tailing Dams ........................................................ 16

5.2.7.

General Site Maintenance ......................................................................... 16

5.3.

Eagle Rock Lake ..................................................................................... 16
5.3.1.

Operation of Inlet Control Structure ......................................................... 17

5.3.2.

Performance Monitoring of Eagle Rock Lake Remediation..................... 18

6.

PERFORMANCE STANDARDS.......................................................... 18

6.1.

Remedial Action Objectives ................................................................... 19

6.2.

Remediation Goals .................................................................................. 19

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7.

GENERAL REQUIREMENTS ............................................................. 19

7.1.

Deliverables ............................................................................................. 19

7.2.

Personnel, Materials and Services ......................................................... 21

7.3.

Communication ....................................................................................... 21

7.4.

Monthly Progress Reports ..................................................................... 21

7.5.

Attendance at Meetings .......................................................................... 22

7.6.

Field Operation Office and Equipment ................................................ 23

7.7.

Community Relations Support .............................................................. 23
7.7.1.

Attendance at Community Relations Events: ........................................... 23

7.7.2.

Logistics and Presentation Support:.......................................................... 24

7.7.3.

Technical Support: .................................................................................... 24

7.7.4.

Fact Sheet Preparation Support:................................................................ 24

7.7.5.

Information Repository Support: .............................................................. 24

8.

REMEDIAL DESIGN REQUIREMENTS .......................................... 25

8.1.

Site-Wide Plans ....................................................................................... 25
8.1.1.

General Project Schedule .......................................................................... 26

8.1.2.

Site Management Plan .............................................................................. 26

8.1.3.

Health and Safety Plan .............................................................................. 27

8.1.4.

Sampling and Analysis Plans .................................................................... 28

8.1.5.

Data Management Plan ............................................................................. 30

8.1.6.

Contingency Plan ...................................................................................... 30

9.

REMEDIAL DESIGN ............................................................................ 31

9.1

Tailing Facility Cover Demonstration Pilot Project ............................ 31
9.1.1.
9.1.2.

Final Design .............................................................................................. 33

9.1.3.

Update Overall Site Plan........................................................................... 34

9.1.4.

Implement Tailing Facility Cover Demonstration Pilot Project ............... 34

9.1.5.

Construction Phase.................................................................................... 34

9.1.6.
9.2.

Pre-Final Design ....................................................................................... 31

Monitoring Phase ...................................................................................... 38
Tailing Facility Groundwater Extraction Well System....................... 42

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9.2.1.

Pre-final Remedial Design ........................................................................ 42

9.2.2.

Final Remedial Design .............................................................................. 43

10.

REMEDIAL ACTION............................................................................ 44

10.1.

Project Planning and Support ............................................................... 44
10.1.1.

Attend Scoping Meetings .......................................................................... 45

10.1.2.

Conduct Site Visits ................................................................................... 45

10.1.3.

Develop Draft RA Project Work Plans ..................................................... 45

10.1.4.

RA Project Work Plan Elements............................................................... 45

10.1.5.

Revise Draft RA Project Work Plans........................................................ 46

10.1.6.

Update Site-wide Plans ............................................................................. 46

10.2.

Construction Phase ................................................................................. 50
10.2.1.

Attend Pre-Construction Meeting ............................................................. 50

10.2.2.

Advance Notice of Start of Construction .................................................. 50

10.2.3.

RA Project Construction ........................................................................... 51

10.2.4.

RA Project Construction Completion ....................................................... 54

10.2.5.

Mine Site Water Treatment Plant RA Project Construction Completion . 57

10.2.6.

Surface Based Mine Dewatering System RA Project Construction
Completion................................................................................................ 58

10.2.7.

Dry/Maintenance Area Soil Excavation RA Project Completion............. 58

10.3

Monitoring, Operation and Maintenance ............................................. 61
10.3.1
10.3.2

Performance Monitoring Plans ................................................................. 63

10.3.3

Eagle Rock Lake Performance Monitoring .............................................. 64

10.3.4

Operation and Maintenance of Remedial Actions .................................... 65

10.3.5

Performance Monitoring ........................................................................... 66

10.3.6
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O&M Plan and O&M Manual .................................................................. 62

Annual Remedial Action Effectiveness Report ........................................ 66
FIVE-YEAR REVIEWS ........................................................................ 68

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ATTACHMENTS
Attachment 1

Questa Mine Site (Figure 1-2, Final FS Report)

Attachment 2

Questa Tailing Facility (Figure 1-3, Final FS Report)

Attachment 3

Lower Sulphur Gulch Extraction System

Attachment 4

Tailing Facility Area (Figure 12-26, ROD)

Attachment 5

Tailing Facility Cover Demonstration Pilot Project Area

Attachment 6

Regulations and Guidance Documents

Attachment 7

Summary of Major Deliverables

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STATEMENT OF WORK
FOR THE FIRST PARTIAL
REMEDIAL DESIGN AND REMEDIAL ACTION
CHEVRON QUESTA MINE SUPERFUND SITE
QUESTA, NEW MEXICO

1.

INTRODUCTION
This Statement of Work (“SOW”) sets forth the framework and requirements for

implementation of the work (“Work”) described in this First Partial Remedial Design/Remedial
Action Consent Decree (“Consent Decree” or “Decree”), to be performed at the Chevron Questa
Mine Superfund Site (“the Site”) (CERCLIS ID No. NMD002899094). The Site is located in and
near the Village of Questa (Questa) in Taos County, New Mexico. The Site consists of a
molybdenum mine and milling facility located approximately four miles east of the Village of
Questa on land currently owned and operated by CMI. The mine includes underground mine
workings, an historic open pit, nine waste rock dumps or piles surrounding the open pit and a
subsidence area which represents a surface-collapse feature above the ore extraction area. The
Site also includes a tailing pipeline running parallel to State Highway 38, the area in the vicinity
of the pipeline and the Tailing Facility in the Village of Questa. The Site also includes all other
areas where any hazardous substance, pollutant or contaminant from the Molycorp, Inc. (or
successor) mining, milling and tailing disposal operations is located.
Maps of the Site are provided as Attachments 1 (Figure 1-2, the mine and milling facility) and 2
(Figure 1-3, the tailing impoundments) to this SOW, and incorporated by reference.

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2.

PURPOSE

The purpose of this SOW is to set forth the framework, requirements and schedules for the
performance of the Work as required by the Consent Decree. The Work includes certain
Remedial Design (RD) and Remedial Action (RA) activities, monitoring activities, and
Operation and Maintenance (O&M) activities, consistent with the selected remedy for the Site,
which is set forth in the Record of Decision (ROD) for the Site (issued by the U.S. EPA on
December 20, 2010 (CERCLA SDMS # 9158694). The remaining aspects of the Selected
Remedy have been performed pursuant to Administrative Settlement Agreements and Orders on
Consent as discussed in Section 3 or will be performed at a later date.

3.

BACKGROUND INFORMATION

Site History: From 1919 to August 31, 2007, Molycorp, Inc. owned and operated a
molybdenum mine on what is now the CMI Property. Underground mining operations were
conducted from 1919 to 1958, resumed in 1981, and continued until June 2014. After
molybdenum was extracted at the milling facility located at the Mine Site Area, the tailing was
transported to the Tailing Facility where it was deposited in tailing impoundments. In addition to
the underground mining operations, open pit mining was conducted at the Site from 1965 to
1983 by Molycorp, Inc. During open pit mining operations, approximately 328 million tons of
acid-generating waste rock were excavated and deposited in nine large waste rock piles
surrounding the open pit.
The Site and its Setting: As discussed in the ROD, the Site has been divided into the following
five areas for clean-up: (1) the mine; (2) a milling facility; (3) a tailing facility; (4) the area of the
Red River and associated riparian zone south of the tailing facility; and (5) Eagle Rock Lake.
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Both the mine site and the milling facility are located in the Sangre de Cristo Mountains and the
tailing facility is located in the Rio Grande Rift. Seepage from the tailing impoundments and
acidic metal-laden leachate generated from the weathering of the waste rock piles at the mine site
have contaminated groundwater and surface water. Past operating practices resulted in adjacent
surface soil being contaminated with molybdenum. A small lake, known as Eagle Rock Lake, is
located along the Red River and receives water from the river through an inlet gate. Sediments
in Eagle Rock Lake were contaminated with heavy metals. The principal pollutants found at one
or more locations at the Site include aluminum, arsenic, cadmium, chromium, cobalt, fluoride,
lead, manganese, molybdenum, polychlorinated biphenyls (PCBs), sulfate, zinc and uranium.
Prior Investigations and Clean-up Activities: CMI conducted a Remedial
Investigation/Feasibility Study (RI/FS) at the Site pursuant to an Administrative Order on
Consent for RI/FS (hereinafter, “RI/FS AOC”), dated September 2001. EPA conducted a
baseline human health risk assessment and baseline ecological risk assessment for the Site
concurrently with CMI's RI/FS.
Following completion of these efforts, EPA selected a Remedy for the Site, which is embodied
in a Record of Decision (“ROD”), dated December 20, 2010. The entire ROD consists of 1,052
pages, exclusive of appendices, tables and figures. The Site was added to the National Priorities
List on September 16, 2011.
On March 7, 2012, EPA and CMI entered into an Administrative Settlement Agreement and
Order on Consent for Removal Actions, according to which CMI agreed to perform certain
removal actions at the Site (hereinafter, “Removal AOC”) (CERCLA Docket #06-09-12). CMI is
still performing the work required pursuant to the Removal AOC.

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On September 26, 2012, EPA and CMI entered into a second Administrative Settlement
Agreement and Order on Consent for Early Design Actions (hereinafter, “Early Design AOC”)
(CERCLA Docket #06-13-12), according to which the parties agreed to undertake Early Design
Actions that will be used to implement portions of the selected remedy for the Site. CMI is still
performing the work required pursuant to the Early Design AOC. On September 30, 2014, EPA
and CMI entered into the First Amendment to the Early Design AOC (“First Amendment”). The
First Amendment expanded the scope of the Early Design AOC to include three additional early
design projects: 1) design of a groundwater extraction system to collect drainage from one of the
roadside waste rock piles, 2) design of groundwater extraction systems to enhance existing
seepage barriers at the tailings facility, and 3) design and construction of a pilot surface-based
mine dewatering system.
On November 13, 2014, EPA and CMI entered into the Second Amendment to the Early Design
AOC (“Second Amendment”). The Second Amendment further expands the scope of the Early
Design AOC to include two more early design projects: 1) design of the grading plan for the
tailing facility and 2) design and construction of field trials of waste rock cover material.

4.

ROLE OF EPA

EPA will provide oversight of Chevron Mining Inc.’s (CMI’s) Work. This will include the
review and comment on deliverables such as work plans, reports, and other submittals related to
the RD/RA. EPA’s acceptance or approval of deliverables is administrative in nature and allows
CMI to proceed to the next steps in implementing the Work. EPA’s acceptance or approval does
not imply any warranty of performance, nor does it imply that the Work, when completed, will
meet performance standards and be accepted by EPA. Acceptance or approval of plans, reports,

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and other required submittals by EPA does not relieve CMI or its contractors of responsibility for
the adequacy of the submittal or from their professional responsibilities. Pursuant to Section VI
of the Consent Decree (Performance of the Work), EPA retains the right to not accept any of the
deliverables, including submittals associated with contractor selection, work plans, reports,
schedules, or any other deliverables required by the Consent Decree, including this SOW. EPA
may require that CMI submit detailed information to demonstrate that any contractor,
subcontractor, or analytical laboratory selected is qualified to conduct the Work, including
information on personnel qualifications, equipment and material specifications.

5.

PARTIAL RD/RA WORK TO BE PERFORMED

CMI shall perform the Work in this Consent Decree and this SOW, including the Remedial
Design (RD), Remedial Action (RA), and Operation and Maintenance (O&M) activities that are
described herein and that are part of the Selected Remedy set forth in the ROD or in the Tailings
Facility Cover Demonstration Pilot Project, set forth in section 5.2.1 of this SOW. The Work, as
set forth herein, will take place in three areas of the Site: the Mine Site Area; the Tailing Facility
Area; and Eagle Rock Lake. The Work to be performed in each area is described below.
The RD activities to be performed include a Tailing Facility Cover Demonstration Pilot Project
(5.2.1) and, if certain conditions occur, the design of a Tailing Facility Groundwater Extraction
Well System (5.2.4). The RA activities to be performed are divided into the following Remedial
Action Projects (“RA Projects”):
A. Surface-based Mine Dewatering System (5.1.1);
B. Mine Site Groundwater Extraction System (5.1.2);
C. Mine Site Area Water Treatment Plant (5.1.4);
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D. Excavation of Soil at Dry/Maintenance Area (5.2.2);
E. Seepage Barrier Upgrade (5.2.3); and
F. Tailing Facility Groundwater Extraction System (5.2.4).
The O&M activities to be performed include monitoring of Mine Site groundwater at various
locations, monitoring of the Tailing Facility groundwater and surface water, monitoring and
maintenance of the Tailings Dams, and monitoring, operation, and maintenance of the Eagle
Rock Lake remedy.

5.1. Mine Site Area
5.1.1.

Surface-based Mine Dewatering System Operation & Maintenance

Upon receipt of written EPA approval of the Surface-based Mine Dewatering System
Completion Report under Section 6.11.3.2.6 of Revision 3 of the Statement of Work for Early
Design Actions (“Early Design SOW”), CMI may request EPA’s approval of the Construction
Phase of the Surface-based Mine Dewatering System, as described in Section 10.2.7 of this SOW
(Certification of RA Project Completion). Following EPA’s Certification of Completion of the
Surface-based Mine Dewatering System RA Project, CMI shall perform long-term operation and
maintenance O&M of the mine dewatering system consistent with the O&M Manual and O&M
Plan approved under Section 6.11 of the Early Design SOW.
CMI shall update the O&M Manual and O&M Plan to reflect any modifications to the system
that EPA or CMI determines are needed. CMI must promptly notify EPA of any such
modifications to the O&M Manual or the O&M Plan.
Following the Effective Date of this Decree, if EPA determines, based on a recommendation
made by CMI or for any other reason, that one or more design modifications are needed, CMI
6

shall submit a pre-final design report for such design modifications to EPA for review and
approval no later than 60 days following EPA’s request. CMI shall submit a final design report
for such modifications within 30 days after receipt of EPA’s comments on the pre-final design
report for those modifications.
5.1.2.

New Groundwater Extraction System

CMI shall construct and operate a new groundwater extraction system in the pre-mine drainage
of the Sulphur Gulch South Waste Rock Pile, the Lower Sulphur Gulch drainage. The general
location of this extraction system is identified on Attachment 3 as “Lower Sulphur Gulch
Extraction System.” The purpose of this groundwater extraction system is to capture impacted
groundwater in the Lower Sulphur Gulch colluvium before it enters the Red River alluvial
aquifer. CMI shall construct and operate the extraction system so the extracted water is pumped
to and treated with lime for pH adjustment at Sump 5000 until the water treatment plant located
at the Mine Site Area is in operation. The extracted water will then be pumped to the water
treatment plant. CMI shall use the approved “Lower Sulphur Gulch Waste Rock Pile Drainage
Groundwater Extraction System Final Design Report” submitted under the First Amendment to
the Early Design AOC to construct and operate the extraction system.
5.1.3.

Performance Monitoring

CMI shall monitor performance of the Lower Sulphur Gulch Groundwater Extraction System
and the Surface-based Mine Dewatering System to assess the effectiveness of the systems on
attaining performance standards in alluvial, colluvial and bedrock groundwater. Monitoring shall
include sampling of the existing monitoring well network and any other monitoring wells
installed under the CERCLA action for alluvial, colluvial and bedrock groundwater in the mine
site tributary drainages. Monitoring shall also include sampling of seeps and springs along the
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Red River in the Mine Site Area. Upon written request by CMI and approval by EPA, in
consultation with the State, the number of monitoring locations, the specific parameters, and the
frequency of monitoring may be reduced over time.
5.1.4.

New Mine Site Area Water Treatment Plant

CMI is constructing a new water treatment plant at the mine site. Although Section 300.400(e)
of the National Contingency Plan (NCP) does not require CMI to obtain an National Pollutant
Discharge Elimination System (NPDES) permit for effluent discharges to waters of the United
States from the water treatment plant, the Selected Remedy set forth in the ROD requires CMI to
obtain an NPDES permit for all effluent discharges to surface water from the water treatment
plant. Once CMI has completed construction of the new Mine Site Area Water Treatment Plant
and EPA determines that the waters being collected by the selected remedy are being treated to
meet discharge requirements included in the NPDES permit CMI has already obtained, CMI may
request EPA’s approval of the Construction Phase as described in Section 10.2.5 of the SOW.
Following construction of the new mine site area water treatment plant, CMI shall perform longterm O&M of the Mine Site Area Water Treatment Plant as described in Section 10.3.1.A of this
SOW.

5.2. Tailing Facility Area
5.2.1.

Tailing Facility Cover Demonstration Pilot Project

CMI shall conduct a cover demonstration Pilot Project (Pilot Project) on approximately 275
acres of the Dam 1 tailing impoundment of the Chevron Questa Mine Tailing Facility. A map of
the Pilot Project area is shown on Attachment 5.

8

The purpose of the Pilot Project is (1) to determine whether a two-foot thick cover can be
successfully designed, constructed and maintained such that it is adequately protective of soil
and groundwater, can be successfully revegetated, and can be maintained over time, and (2) to
support an inquiry into whether the CERCLA remedy, as it pertains to cover thickness at the
tailing facility, should be modified accordingly. This project serves as a pilot demonstration
project because it is the first area of the tailing facility to be addressed and because it will test the
effectiveness of the two-foot cover thickness during an initial five-year period. CMI shall design,
construct, and maintain the Pilot Project in such a manner so as to achieve the Pilot Project
success criteria outlined below.
To evaluate the cover’s effectiveness in protecting groundwater, CMI shall install three (3)
instrumented vertical profiles with nested matric suction and water content sensors in each of
three decision units (DUs) of approximately 100 acres each, for a total of nine (9) profiles across
the three DUs. The sensor profile locations shall be representative of the textural characteristics
of the Dam 1 tailing impoundment based on available data and selected in consultation with the
agencies. CMI shall collect five (5) years of performance monitoring data from the installed
sensors to develop a calibrated evaporative flux model. CMI shall use the calibrated evaporative
flux model along with the long-term climate data from the Cerro Station to provide an estimate
of the water balance of the cover and tailing system. CMI shall evaluate the performance of the
cover using the long-term average precipitation and net percolation through the cover, as
described further below.
To evaluate the cover’s effectiveness in establishing sufficient vegetation, CMI shall compare
vegetative performance to standards developed from measurements obtained from one or more
reference area(s). This process shall be based on EMNRD’s “Closeout Plan Guidelines for
9

Existing Mines” – “Attachment 2, Revegetation Standards and Sampling Methods” (1996).
CMI, in consultation with the agencies, shall select, and propose for EPA’s review and approval,
one or more reference area(s) that are in good range condition at the time of selection. CMI shall
sample the reference area(s) for canopy cover by species (which will also yield diversity data)
and shrub density. CMI shall use data collected from the reference area(s) to establish technical
standards for review and approval by EPA. The technical standards approved by EPA will be
used by EPA to determine the success of the Pilot Project in establishing sufficient vegetation, as
discussed further below.
CMI may reseed or inter-seed the area only if (1) such seeding occurs no later than the start of
the third growing season; and (2) there is less than an average of 1 seeded species per square
foot. EPA will evaluate the success of the cover in establishing sufficient vegetation at the end
of the fifth growing season regardless of any effort by CMI to reseed or inter-seed the area as
mentioned above. That is, reseeding or inter-seeding will not, in any case, restart the timeframe
for the demonstration Pilot Project, though it may affect application of the success criteria as
discussed in success criterion C(3) below.
To evaluate the ability of the cover to be maintained over time, CMI shall design and construct
the cover using alluvial materials from the northern portion of the Tailing Facility property. CMI
shall design and construct the cover to ensure that it will achieve positive drainage. For purposes
of this Pilot Project, CMI may design the cover system such that overall grade of the cover is less
than 1-5% as required under the ROD. In no event shall the cover system design incorporate an
overall grade of less than 0.5%.

10

EPA will evaluate the success of the Pilot Project after five growing seasons on the basis of the
following four performance success criteria. The end of the fifth growing season shall be six
years following completion of seeding of the cover.
EPA will make a determination that the Pilot Project has succeeded if it concludes, after five
growing seasons, that the cover is showing progress toward a self-sustaining ecosystem through
the satisfaction of all the following criteria:
A. Surface Soil: Concentrations of molybdenum in soil (sampled to 3 inches below
ground surface) averaged within each of the three decision units (of
approximately 100 acres each) are maintained at or below the Tailing Facility soil
remediation goal of 41 mg/kg molybdenum;
B. Groundwater: Based on predictions using the calibrated evaporative flux model
and the long term precipitation record (Cerro Station), there is a 90% probability
that, in any given year, net percolation averaged across the entire cover
demonstration project would be limited to less than 5% of mean annual
precipitation.
C. Vegetation:
(1) Canopy Cover: Total canopy cover is ≥40% of the total canopy cover
present at the selected reference area(s).
(2) Diversity:
a. Presence of 3 species of native perennial grasses
b. Presence of 2 species of native perennial forbs

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c. Presence of 2 species of native shrubs
(3) Contingency: If circumstances unrelated to cover depth (for example,
adverse climatic conditions) result or may result in non-achievement of the
foregoing vegetation criteria by the end of the fifth growing season, such
non-achievement of these criteria will not preclude success of the Pilot
Project if CMI performs an evaluation and demonstrates, to EPA’s
satisfaction, that the pilot project area is likely to achieve the ARARs for
vegetation success in the long term.
D. Cover Integrity: The cover does not show significant deterioration from erosion,
slip-offs, or other impacts that cannot be repaired through normal operation and
maintenance (O&M). CMI shall, no later than the end of the fifth growing season,
provide documentation to EPA that demonstrates that the cover achieves positive
drainage (i.e., that required grades have been maintained and that any observed
ponding has been or can be addressed through normal O&M).
5.2.2.

Excavate Soil at the Dry/Maintenance Area

Prior to covering and revegetating the tailing impoundments, CMI shall excavate an area of soil
south of the dry/maintenance area where soil sample TSS11-4 indicates molybdenum levels over
41 ppm. The excavated soil shall be placed in the tailing impoundments. Based on sampling
conducted in January 2015, the volume of affected soil to be excavated is estimated to be less
than 200 cubic yards (yd3). The general location of the soil to be excavated is indicated in
Attachment 4 (Figure 12-26) as soil sample location TSS11-4. CMI shall revegetate all
disturbed areas within the dry/maintenance area. At its election, CMI may perform this work
pursuant to an addendum to the Phase 2 Demolition and Decommissioning Plan (established
12

pursuant to Mining Act Permit No. TA001RE), which addendum must be approved by NMED
and MMD before the Effective Date of this Consent Decree. CMI shall, no later than 180 days
after the Effective Date, certify to EPA that the work has been completed consistent with the
ROD and shall request a certification of completion of that portion of the RA as described in
Section 10.2.7 of this SOW and Section VIII of the Consent Decree.
5.2.3.

Upgrade Tailing Facility Seepage Interception Systems

There are two seepage interception systems located at the tailing facility which have been
operating since 1975 and have had multiple phases of upgrades. The current Outfall 002
interception system is located south of Dam No. 1 and includes the lower 002 seepage barrier.
CMI shall upgrade the Outfall 002 system by adding new groundwater extraction wells across
the Dam No. 1 arroyo just downgradient of the location of the existing lower 002 seepage
barrier. The general location of this upgrade is identified on Attachment 4 (Figure 12-26) as
“New Lower 002 Extraction Wells.”
The current Outfall 003 seepage interception system includes seepage barriers across the
drainage on the eastern slope of Dam No. 4 and an extraction well, EW-1. CMI shall upgrade
the Outfall 003 system by installing a new, deeper seepage collection system. The general
location of this upgrade is identified on Attachment 4 (Figure 12-26) as “New 003 Seepage
Barrier.”
CMI shall construct and operate the Lower 002 and Upper 003 upgrades utilizing the approved
“Tailing Facility Seepage Barrier Upgrade Final Design Report” developed under the Second
Amendment to the Early Design AOC.

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5.2.4.

Install and Operate Groundwater Extraction Well System

CMI shall sample the groundwater downgradient of the historic buried tailing (in the area of
monitoring wells MW-4 and MW-17) to assess the effectiveness of piping of irrigation water in
the eastern diversion channel (as required by the Removal AOC) on achieving groundwater
Performance Standards.
No later than April 1, 2017, CMI shall submit to EPA a “Groundwater Monitoring Evaluation
Report” (Report). The Report shall present an evaluation, on the basis of the groundwater
sampling results, of whether the eastern diversion channel removal action has been effective in
reducing Chemicals of Concern (COC) concentrations in groundwater to (or toward) cleanup
levels in the area of monitoring wells MW-4 and MW-17.
CMI shall use EPA’s “Recommended Approach for Evaluating Completion of Groundwater
Restoration Remedial Actions at a Groundwater Monitoring Well” (OSWER 9283.1-44, August
2014) and EPA’s Groundwater Statistics Tool User’s Guide” (OSWER 9283.1-46) to develop
the Report.
If EPA determines that there is a statistically significant trend of COC concentrations in
groundwater towards achieving cleanup levels and that the cleanup levels will be achieved
within 10 years, CMI shall continue to submit annual Reports to EPA until COC concentrations
in groundwater achieve the cleanup levels.
If EPA determines, at any point after April 1, 2017, that there is not a statistically significant
trend of COC concentrations in groundwater towards cleanup levels or that the cleanup levels
will not be achieved within 10 years, EPA shall so notify CMI of this determination. Within 30
days of such notification, CMI shall provide a proposed schedule and plan for: (a) expeditiously

14

performing any hydrological investigations that EPA agrees are necessary to the design of a
groundwater extraction well system for this area; and (b) submitting a pre-final design report for
the installation and operation of such groundwater extraction well system. Upon EPA’s approval
of such plan and schedule, CMI shall implement the plan and schedule.
The general locations of the five extraction wells are shown on Attachment 4 (Figure 12-26) as
“New Extraction Wells” southeast of the “Historic Tailing (Buried)” along an east-west line
approximately 240 feet apart. The new wells shall be designed to create a continuous zone of
groundwater capture over the 1,200 feet of potentially affected aquifer.
5.2.5.

Monitor Groundwater and Surface Water

CMI shall conduct groundwater and surface water monitoring at the Tailing Facility as specified
below to monitor progress toward achievement of the Performance Standards for the (COCs) at
the Tailing Facility as set forth in Table 12-16 of the ROD.
CMI shall sample the groundwater downgradient of the historic buried tailing (in the area of
monitoring wells MW-4 and MW-17) as provided in Section 5.2.4 of this SOW.
CMI shall also monitor groundwater and seeps/springs downgradient of Dam No. 4 and south of
Dam No. 1, to assess the effectiveness of remedial actions in achieving groundwater
Performance Standards within the alluvial and basal bedrock aquifers. The groundwater
monitoring program shall, at a minimum, be consistent with monitoring conducted under permit
DP-933 and include all wells at the Tailing Facility and all wells monitored under permit DP933. In addition, for the Tailing Facility ground water monitoring wells, CMI shall provide to
EPA and the State both total and dissolved concentrations for all analyzed compounds for the
second quarterly sampling event in each of the first two years following the Effective Date of the

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Consent Decree. The groundwater monitoring program shall include additional monitoring wells
installed as part of the Administrative Settlement Agreement and Order on Consent for Early
Design Actions and any others deemed appropriate by EPA. Upon written request by CMI and
approval by EPA in consultation with the State, the number of monitoring wells, the specific
parameters, and the frequency of monitoring may be reduced over time. CMI shall also monitor
seeps and springs as directed by EPA. CMI shall add uranium and thorium to the list of
analytical parameters to be monitored at all locations at the Tailing Facility.
5.2.6.

Monitor and Maintain Tailing Dams

CMI shall monitor and maintain the tailing dams. CMI shall collect quarterly piezometer data
and perform quarterly inspections of the Tailing Facility dams to meet requirements of the New
Mexico Office of the State Engineer. CMI shall continue such monitoring as part of the Selected
Remedy until it has demonstrated to EPA’s satisfaction that the tailing dams have been
dewatered.
5.2.7.

General Site Maintenance

CMI shall perform general site maintenance at the Tailing Facility area. General maintenance of
the tailing facility will be continued during operation and after closure of the tailing
impoundments and shall include grading of roads and maintenance of all structures, including the
dams, as EPA deems appropriate.

5.3. Eagle Rock Lake
This Section 5.4 supersedes Section 6.3.4.9.1 and the portions of Section 7.0 of the Statement of
Work for the Removal AOC relating to Eagle Rock Lake as of the Effective Date of this Consent
Decree.
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5.3.1.

Operation of Inlet Control Structure

In order to minimize sediment loading to Eagle Rock Lake during and after storm events, CMI
shall continue to operate the inlet controls, including the head gate and data collection systems
that CMI installed pursuant to the Removal AOC. CMI shall operate the inlet controls in
accordance with the EPA-approved Post-Construction Inspection and Monitoring Plan developed
per paragraph 6.3.4.9.1 of the Removal SOW. Consistent with the Removal AOC, CMI, in
coordination with the United States Forest Service (“USFS”), shall ensure proper operation of
the inlet controls for a period of at least five years following the Effective Date of the Removal
AOC. Following this five year period, CMI shall continue to operate and maintain the inlet
controls, including equipment replacements and technology upgrades, in coordination with the
USFS for an additional five years, unless otherwise requested in writing by the USFS. CMI
shall, in consultation with the EPA and USFS, transition the sole operational responsibility of the
inlet controls to the USFS by the end of this second five-year period, if agreed to by the USFS;
provided, however, that CMI may elect to maintain responsibility for the operation and
maintenance of the inlet controls beyond the second five-year period for successive five-year
periods. CMI may, in consultation with the EPA and USFS, transition the sole operational
responsibility of the inlet controls to the USFS at the end of any of these successive five-year
periods. If such transition of responsibility to USFS has not occurred by the date that EPA
certifies that the construction is complete for all remedial action at the Mine Site that is required
by the ROD, CMI shall no longer be required to continue to operate and maintain the inlet
controls; provided, however, that if EPA determines that a release from the Mine Site or from a
CMI mining-related activity to the Red River has occurred that was not authorized by an EPA-

17

issued permit and that has contaminated the sediment of Eagle Rock Lake, EPA may require
CMI to perform additional operation and maintenance of the inlet controls.
5.3.2.

Performance Monitoring of Eagle Rock Lake Remediation

Consistent with Section 7.0 of the Removal SOW, following completion of the Removal
Actions, CMI shall perform post-construction inspection and monitoring to maintain the
effectiveness and integrity of the Removal Actions in accordance with the EPA-approved Post
Construction Inspection and Monitoring Plan required by paragraph 6.3.4.9.1 of the Removal
SOW.
The monitoring requirements under the Post Construction Inspection and Monitoring Plan are
described further in Section 10.3.2 of this SOW.

6.

PERFORMANCE STANDARDS

CMI shall ensure that the Work meets the Performance Standards, as that term is defined in the
Consent Decree and herein. The Work shall not be considered complete until EPA determines
that CMI’s Work has achieved the Performance Standards. Performance Standards include, but
are not limited to, the remedial action objectives (RAOs) and remediation goals set forth in
Section 8.0 of the ROD or other measures of achievement as defined in the ROD, the Consent
Decree, this SOW, and other EPA-accepted submissions. Performance Standards also reflect the
standards, standards of control, and other substantive requirements, criteria and limitations
contained in state or federal ARARS as set forth in the ROD.

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6.1.

Remedial Action Objectives

RAOs were developed for the areas to be addressed by the Selected Remedy to protect human
health and the environment. They provide general descriptions of the objectives of the cleanup.
They are media-specific goals that specify the COCs, exposure routes and receptors, and an
acceptable contaminant level or range of levels for each exposure route (i.e., remediation goal).
The RAOs are established on the basis of the nature and extent of the contamination, the
resources that are currently and potentially threatened, and the potential for human and
environmental exposure. The RAOs relevant to the Work to be performed are set out in
Section 8.0 of the ROD.

6.2.

Remediation Goals

Remediation goals are media-specific, quantitative goals that define the extent of cleanup
required to achieve the RAOs. They are based primarily on health or ecological criteria
developed by EPA in risk assessment or federal and State of New Mexico (State) numeric
criteria or standards identified by EPA to be ARARs for the Site. These goals represent the
cleanup levels set forth in the ROD for the COCs targeted in each medium being addressed by
the Selected Remedy. The remediation goals relevant to the Work to be performed are set out in
Section 8 of the ROD and serve as a design basis for the remedial design and remedial action.

7.

GENERAL REQUIREMENTS

7.1. Deliverables
CMI shall simultaneously submit copies of all deliverables required by the Consent Decree and
SOW to EPA, the New Mexico Environment Department (NMED) and New Mexico Energy,
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Minerals and Natural Resources Department’s Mining and Minerals Division (MMD) for their
review and comment in accordance with Section XXV, Paragraph 109 of the Consent Decree.
CMI shall submit any deliverables being submitted for meetings, such as any preliminary and
final data, draft responses to agency comments, and draft reports that are to be used during
meetings at least five working days in advance of the meeting to EPA, NMED, MMD and other
stakeholders as appropriate, to allow for review prior to the meeting, unless otherwise agreed by
the Project Coordinators.
CMI shall submit a minimum of one hard copy of all plans, reports, and other major deliverables
to each of the following: the EPA Project Coordinator, the EPA Oversight Contractor, and the
NMED and MMD Project Coordinators. In addition, CMI shall maintain a SharePoint site on
which it will make available to EPA, NMED, and MMD electronic copies of all such documents
in both PDF (portable document format) and, upon request, in its original MS Office format
(e.g., Word, Excel, Project, etc.) or in native or raw data formats. All Excel spreadsheets
submitted shall include all underlying formulas and calculations. The number of copies required
by EPA, NMED and MMD will periodically be reassessed throughout performance of the Work
by the EPA Project Coordinator, and CMI will be notified if additional copies are needed. If
requested, CMI shall provide additional electronic copies and/or hard copies of final submissions
to other key stakeholders (e.g., Village of Questa, Taos County, U.S. Forest Service, Amigos
Bravos, and other interested non-governmental organizations) as well as to other EPA technical
consultants and regulatory officials, as directed by EPA.

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7.2. Personnel, Materials and Services
CMI shall furnish all necessary and appropriate personnel, materials, and services needed for, or
incidental to, performing and completing the Work.

7.3. Communication
The CMI Project Coordinator shall communicate and hold at least weekly meetings with the
EPA Project Coordinator, either in face-to-face meetings, through conference calls, or through
electronic mail, unless otherwise agreed to in writing. CMI shall invite the NMED and MMD
Project Coordinators to participate in those weekly meetings or calls with EPA and shall copy
NMED and MMD Project Coordinators on all emails to EPA regarding weekly meetings. CMI
shall document all decisions that are made in those meetings and conversations and forward this
documentation, which may be in the form of an email, to EPA, NMED, and MMD within five
working days of the meeting or conversation.

7.4. Monthly Progress Reports
CMI shall submit to EPA monthly progress reports to document the status of the Work,
beginning in the month following the Effective Date of the Consent Decree and ending with the
month following EPA’s issuance of a Certificate of Completion, as provided in Section XIII of
this Decree. CMI shall provide copies of the monthly progress reports to NMED and MMD.
The monthly progress reports shall include the following:
a. Progress made: describe all actions that have been taken toward achieving compliance
with the Consent Decree, SOW, and completion of the Work during the previous
month

21

b. Problem areas and recommended solutions: describe efforts made to mitigate delays or
anticipated delays
c. Status of all deliverables required by the Consent Decree and this SOW and those
submitted during the previous month
d. Schedule updates: include any modifications to the work plans or schedules that
Settling Defendants proposed to EPA or that have been approved by EPA
e. Activities planned for the next six (6) weeks
f. Results of field sampling, tests and all other data received by CMI pertaining to this
Consent Decree (or reference to the posting of such data on a SharePoint site available
to EPA)
g. Copies of laboratory data received during the month (or reference to the posting of
such data on a SharePoint site available to EPA)
h. Summary of key personnel changes
i. Community relations support activities: describe all community relations activities
undertaken or planned
j. Quantity of waste generated and quantity of waste disposed
k. Health and safety issues affecting project implementation or schedule

7.5. Attendance at Meetings
CMI shall attend periodic project meetings as requested by EPA, unless otherwise agreed to in
writing or through e-mail. Such meetings and events shall be attended by at least one
representative of EPA, EPA’s Oversight Contractor, NMED and MMD. CMI shall coordinate all
meetings, site visits, and conference call meetings with the EPA, NMED, and MMD Project
Coordinators (or designees). CMI shall also attend all Work-related meetings at the Site with
EPA, unless otherwise agreed in writing or through e-mail. CMI shall provide documentation of
all final decisions made at each meeting to EPA within 5 working days following the meeting.
CMI shall invite EPA, NMED and MMD to each project meeting it holds with its contractors
and subcontractors in the field.
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7.6. Field Operation Office and Equipment
CMI shall provide office space for the EPA Project Coordinator and EPA authorized oversight
officials/contractors, as well as NMED and MMD personnel, unless EPA determines that such
office space is not needed. The office space may be in on-Site project trailers as a substitute for
independent office accommodations. At a minimum, the office space shall have air conditioning,
heating, lighting, privacy, one office desk, two chairs, a refrigerator, access to a fax machine,
photocopier and sanitation facilities, and any other accessories needed to conduct oversight
activities. CMI shall provide the field operation office space and equipment no later than one
week prior to the start of field activities and shall maintain such office space and equipment until
EPA has approved all Final Remedial Action Construction Completion Reports under the
Consent Decree, CMI shall notify EPA in writing upon completion of these field support
activities. The requirements of this paragraph may be met through compliance with the
corresponding requirements of the Removal AOC and Early Design AOC until all field activities
under those AOCs have been completed.

7.7. Community Relations Support
CMI shall provide the following community relations support to EPA throughout the
Performance of the Work:
7.7.1.

Attendance at Community Relations Events:

CMI and its contractors shall attend community meetings as requested by EPA, unless otherwise
agreed to in writing or through e-mail.

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7.7.2.

Logistics and Presentation Support:

CMI shall help EPA in selecting and reserving meeting space for EPA to hold community
meetings, as well as the logistics for such events. This includes helping to set up the seating
arrangements, tables, presentation equipment, and any visual displays and then take down such
arrangements after the meetings. CMI shall also prepare presentation materials/handouts (i.e.,
transparencies, slides, and/or handouts) as instructed by EPA. Such materials/handouts shall be
approved by EPA before distribution or use.
7.7.3.

Technical Support:

CMI shall provide technical support for community relations, including community meetings.
This support may include preparing technical input to news releases, briefing materials and other
community relations vehicles, arranging for Site tours upon request, and helping EPA to
coordinate with local agencies as requested.
7.7.4.

Fact Sheet Preparation Support:

CMI shall help EPA prepare fact sheets that inform the public about activities related to the
Work, schedules for the Work, field investigations, construction, measures to be taken to protect
the community, provisions for responding to emergency releases and spills, any potential
inconveniences such as excess traffic and noise that may affect the community during the
performance of the Work, and other topics as required by EPA. EPA will determine the final
content of all fact sheets related to the Work.
7.7.5.

Information Repository Support:

CMI shall support EPA in maintaining the Site information repositories by providing hard and/or
electronic copies of all documents related to the Work to the repositories as directed by EPA.

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CMI shall periodically visit the Village of Questa repository at EPA’s request to verify that Siterelated documents are being maintained and available for review by the public.

8.

REMEDIAL DESIGN REQUIREMENTS

8.1. Site-Wide Plans
CMI shall prepare and submit for EPA’s approval, update as needed, and maintain all Site-wide
plans specified below for implementation of the RD work described in this SOW. CMI shall
submit drafts of the Site-wide plans to EPA for review within 120 days of the Effective Date,
with the exception of the Health and Safety Plan (HASP), which shall be submitted within 60
days of the Effective Date. Other than the HASP, the following plans may be provided as
sections of a single Overall Site Plan.
CMI shall review the existing Site-wide plans that were prepared as part of the CERCLA
Remedial Investigation and Feasibility Study (RI/FS), Removal Actions, or Early Design
Actions and update the plans, as necessary, to implement the RD. The Site-wide plans prepared
or developed for the RI/FS, Removal Actions or Early Design Actions should be referenced or
adapted whenever possible when preparing such plans for the RD. Since CMI’s contractors or
subcontractors may prepare their own RD plans, CMI may incorporate such plans and
procedures into the Site plans submitted to EPA for review and approval in accordance with the
Consent Decree and this SOW. CMI shall make revisions to the Site-wide plans as a result of
EPA’s comments or agreements. Copies of draft final and, if necessary, final Site-wide plans
shall be submitted within 30 days after receipt of EPA comments or within the time frames
determined by the EPA RPM.

25

CMI shall periodically reassess and update Site-wide plans throughout the performance of the
Work as necessary, or upon request from EPA.
8.1.1.

General Project Schedule

CMI shall prepare and submit to EPA for approval a General Project Schedule showing the
sequencing of all major deliverables and tasks under this SOW, based on the time periods set
forth in the Consent Decree and this SOW. CMI shall update the General Project Schedule
annually, or as EPA determines is needed.
8.1.2.

Site Management Plan

CMI shall prepare and submit to EPA for approval a Site Management Plan (SMP) that provides
EPA with a written understanding of how CMI will manage access, security, contingency
procedures, management responsibilities, and waste disposal during all RD and RA activities.
The SMP shall consist of the following plans:
A. Pollution Control and Mitigation Plan
The Pollution Control and Mitigation Plan (PCMP) shall that outline the process,
procedures, and safeguards that CMI will use to ensure contaminants or pollutants
are not released off-Site.
B. Waste Management Plan
The Waste Management Plan (WMP) shall outline how CMI will manage and
dispose of any wastes that are encountered during performance of the Work. CMI
shall specify the procedures that it will follow when wastes are managed,
including on-Site and off-Site storage, treatment, and/or disposal. The WMP shall
include the following plans:

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(1) Decontamination Plan
The Decontamination Plan shall describe the equipment and methods that
CMI will use as part of its decontamination procedures.
(2) Water Control Plan
The Water Control Plan a plan that addresses CMI’s methods for
collection, treatment, disposal or discharge of decontamination water, dust
control water, storm water, and other surface water.
(3) Transportation and Disposal Plan
The Transportation and Disposal Plan shall establish procedures for any
waste material that is to be transported off-Site for treatment and/or
disposal. The Transportation and Disposal Plan shall be consistent with the
Off-site Rule, 40 CFR § 300.440, all ARARs (including any applicable
U.S. Department of Transportation regulations), and any applicable
regulations or guidance documents listed in Attachment 6.
8.1.3.

Health and Safety Plan

CMI shall update the Health and Safety Plan (HASP) for RD activities to be prepared in
conformance with applicable Mine Safety and Health Administration (MSHA) 1, Occupational
Safety and Health Administration (OSHA), and EPA requirements, including, but not limited to,
29 C.F.R. § 1910. EPA shall not approve or disapprove the HASP, but shall review it and shall
require compliance by CMI with its terms as part of the Consent Decree.

1

Conformance with MSHA requirements shall be for that portion of the Site on CMI property.

27

The HASP shall specify employee training, protective equipment, medical surveillance
requirements, and standard operating procedures, and include an Emergency Response Plan in
accordance with 40 C.F.R. § 300.150 of the NCP and 29 C.F.R. §§ 1910.120(l)(1) and (l)(2). A
task-specific section of the HASP shall also be included to address health and safety
requirements for Site visits. Since the Site is regulated under MSHA, the HASP shall identify
health and safety requirements specified under MSHA for Site visitors. The Emergency
Response Plan describes how to handle emergencies at the Site and minimize risks associated
with a response. This response plan should be reviewed and rehearsed by CMI regularly, and a
copy should be provided to local emergency response facilities.
8.1.4.

Sampling and Analysis Plans

CMI shall prepare sampling and analysis plans (“SAPs”) as EPA determines necessary to
conduct Remedial Design activities in particular Site areas. The SAPs shall be written to reflect
the specific objectives of all data acquisition efforts required to be conducted during the RD
activities under the Consent Decree. The SAPs will outline the data collection and quality
assurance requirements of all sampling and analysis conducted by CMI. CMI shall design the
Plans to ensure that sample collection and analytical activities are conducted in accordance with
technically acceptable protocols, as determined by EPA, and that the data meet all applicable
data quality objectives (DQOs). The SAPs shall include laboratory analytical methods for each
COC identified in the ROD for the appropriate media, including Target Analyte List metals,
molybdenum, uranium, pH, total dissolved solids (TDS), sulfate, and other inorganic chemicals
or physical properties tests as appropriate. CMI shall also include in the SAPs a mechanism for
planning field activities and a Field Sampling Plan. The SAP(s) shall include the following
plans:
28

A. Quality Assurance Project Plan
CMI shall update or prepare a “Quality Assurance Project Plan” (“QAPP”) as part
of the SAP. The QAPP shall be prepared in accordance with EPA QA/R-5 (latest
draft or revision). The QAPP shall describe the project objectives and
organization, functional activities, and quality assurance/quality control (QA/QC)
protocols that shall be used to achieve the desired DQOs. The DQOs shall, at a
minimum, reflect use of analytical methods for identifying and remediating
contamination consistent with the levels for the RAOs and Performance Standards
set forth in the ROD. The QAPP shall address sampling procedures, sample
custody, analytical procedures, and data reduction, validation, reporting and
personnel qualifications.
B. Field Sampling Plan
CMI shall prepare a Field Sampling Plan (“FSP”) as part of the SAP that defines
the sampling and data collection methods that shall be used in performing the
Work. The FSP shall include sampling objectives, sampling media, sampling
locations, depths and frequency; sampling equipment and procedures; sample
handling, analytical methods, analytical parameters and constituents; and a
breakdown of samples to be analyzed through Contract Laboratory Program
(CLP) and other sources, as well as the justification for those decisions. The FSP
shall include tables of geographical coordinates and the appropriate maps showing
locations of previous sampling locations and proposed sampling locations. The
FSP shall be written so that a field sampling team unfamiliar with the Site would
be able to gather the samples and field information required.

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8.1.5.

Data Management Plan

CMI shall prepare a Data Management Plan that outlines the procedures for storing, handling,
accessing, retaining and securing data collected during the RD phases. CMI shall consistently
document the quality and validity of field and laboratory data compiled during the RD. CMI
shall supply all data to EPA in ArcView® format or other electronic format as directed by the
RPM in accordance with the Data Management Plan. All Geographic Information System (GIS)
data sets will be in a Universal Transverse Mercator (UTM) or State Plane coordinate system.
8.1.6.

Contingency Plan

CMI shall prepare a Contingency Plan that will provide contingency measures for potential spills
and discharges from materials handling or transportation. The Contingency Plan shall describe
methods, means, and facilities required to prevent contamination of soil, water, atmosphere,
uncontaminated structures, equipment or material from the discharge of waste due to spills. CMI
shall provide for equipment and personnel to perform emergency measures required to contain a
spill and to remove and properly dispose of any media that become contaminated due to spillage,
and provide for equipment and personnel to perform decontamination measures that may be
required to remove spillage from previously uncontaminated structures, equipment, or material.
CMI shall include the name and telephone number of the person or entity that is responsible for
responding in the event of an emergency situation or incident. The Contingency Plan shall
include a Spill Prevention, Control and Countermeasures Plan as specified in 40 CFR Part 112.

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9.

REMEDIAL DESIGN

9.1

Tailing Facility Cover Demonstration Pilot Project

As detailed below, CMI shall design the Tailing Facility Cover Demonstration Pilot Project
(“Pilot Project”) as described in Section 5.2.1 of this SOW and then implement the design. The
design process for the Pilot Project shall consist of two stages, as described below: pre-final
design and final design. The final design shall provide sufficient detail to support invitation-tobid packages for tailing facility demonstration Pilot Project construction.
9.1.1.

Pre-Final Design

Within 60 days after receipt of EPA’s comments on the “Tailing Facility Dam 1 Grading Final
Design Report,” submitted under Section 6.12.5 of the Early Design AOC, or 60 days after
lodging of the Consent Decree, whichever is later, CMI shall submit a Pre-Final Design for the
Pilot Project. The pre-final design shall include or discuss, at a minimum, the following:
A. A pre-final “Design Criteria Report”, as described in the Remedial Design/Remedial
Action Handbook, EPA 540/R-95/059 (June 1995);
B. A pre-final “Basis of Design Report”, as described in the Remedial Design/Remedial
Action Handbook, EPA 540/R-95/059 (June 1995);
C. Pre-final/final drawings and specifications;
D. Construction Quality Assurance Plan (“CQAP”)/Construction Quality Control Plan
(“CQCP”). The purpose of the CQAP is to describe planned and systemic activities
that provide confidence that the RA construction will satisfy all plans, specifications,
and related requirements, including quality objectives. The purpose of the CQCP is
to describe the activities to verify that RA construction has satisfied all plans,
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specifications, and related requirements, including quality objectives. The
CQAP/CQCP must:
(1) Identify, and describe the responsibilities of, the organizations and
personnel implementing the QA/QC;
(2) Describe verification activities, such as inspections, sampling, testing,
monitoring, and production controls, under the QA/QC;
(3) Describe industry standards and technical specifications used in
implementing the QA/QC;
(4) Describe procedures for tracking construction deficiencies from
identification through corrective action;
(5) Describe procedures for documenting all QA/QC activities; and
(6) Describe procedures for retention of documents and for final storage of
documents.
E. A Pre-final O&M Plan and O&M Manual; The O&M Manual and O&M Plan
shall be developed in accordance with Operation and Maintenance in the
Superfund Program, OSWER 9200.1 37FS, EPA/540/F-01/004 (May 2001).
F. Pre-final performance monitoring plan, developed to evaluate the effectiveness of
the Pilot Project. The plan shall be designed to collect information that will be
used to evaluate the success of the Pilot Project in accordance with the criteria
described in Section 5.2.1 of this SOW;
G. Pilot Project schedule;
H. A description of any permit requirements;

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I. Identification of coordination issues with mining personnel and other coordination
issues (e.g., utilities, environmental, community impacts);
J. Potential work zone transportation and management strategies;
K. Potential work zone impacts; and
L. A description of how the Pilot Project will be implemented in a manner that
minimizes environmental impacts in accordance with EPA's Principles for
Greener Cleanups (Aug. 2009).
CMI shall address all EPA comments on the Pre-Final Design in the Final Design.
9.1.2.

Final Design

Within 30 days after receipt of EPA’s comments on the pre-final design, CMI shall submit to
EPA a Final Design for the Pilot Project. The Final Design shall address comments generated
from the Pre-final Design reviews and clearly show any modifications of the design as a result of
incorporation of the comments. The Final Design must include final versions of all the Pre-final
Design submitted under Section 9.1.1 of this SOW and the “Tailing Facility Dam 1 Grading
Final Design Report” under Section 6.12.5 of the Early Design AOC. The Final Design shall be
approved by a Professional Engineer registered in New Mexico. CMI shall obtain EPA’s written
approval of a Final Design before implementing the Final Design, unless specifically authorized
in writing by EPA.
CMI shall address all EPA comments on the draft Final Design Report within 30 days after
receipt of EPA comments. Upon EPA approval of the Final Design, the Final Design shall
become enforceable as part of the Consent Decree.

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9.1.3.

Update Overall Site Plan

CMI shall update and maintain the necessary plans within the Overall Site Plan and the HASP
for conducting the Pilot Project. Within 30 days after receipt of EPA’s written acceptance of the
Pilot Project Final Design, CMI shall review the existing plans and submit to EPA updated plans
or addenda to plans, as necessary, to conduct the Pilot Project. The updated plans shall include
an updated SAP, QAPP and FSP. Since CMI contractors or subcontractors may prepare their
own plans, CMI shall incorporate any plans or procedures received from any of its contractors or
subcontractors into the Overall Site Plan. CMI shall revise and update the appropriate plans, as
necessary, throughout the Pilot Project.
9.1.4.

Implement Tailing Facility Cover Demonstration Pilot Project

CMI shall implement the Tailing Facility Cover Demonstration Pilot Project by performing the
Work set forth in the Consent Decree, this SOW, and the EPA-approved Tailing Facility Cover
Demonstration Pilot Project Final Design. CMI shall perform the Pilot Project in accordance
with the EPA-approved work plan schedule and the deadlines in Section 9.1.5. The Pilot Project
implementation will be broken into two major phases:
•

Construction; and

•

Monitoring.

9.1.5.

Construction Phase

The construction phase includes tasks covering the period of major construction activities.
Activities which shall be conducted by CMI during this phase of the Pilot Project include
without limitation the following:

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A. Attend Pre-Construction Meeting
Within 15 days after receipt of EPA’s written approval of the Pilot Project Final
Design, or within 15 days after the Effective Date of this Consent Decree, or by
September 15, 2016, whichever is latest, CMI shall hold a pre-construction
meeting with EPA, NMED, and MMD. Participants at the meetings shall include
CMI’s Project Coordinator, QA Official(s), and a representative of each of CMI’s
contractors and subcontractors that will perform the Work. Other participants for
the meeting may include local emergency responders to implement the HASP
(e.g., police and fire departments), State Department of Transportation officials
(for potential road closures or vehicular traffic on state highways), or any other
local or State government officials whose presence is appropriate for the nature of
the Work to be performed. At the meeting, CMI shall provide participants with a
detailed construction schedule that includes the actual dates for mobilization to
the Site and construction start up.
B. Advance Notice of Start of Construction
CMI shall provide a 10-day advanced notification of the start of the Pilot Project
field activities to EPA, NMED, MMD and all other participants at the preconstruction meeting.
C. Construct Pilot Project
Within 15 days following the Pre-Construction Meeting (9.1.5.A), CMI shall
begin construction on the Pilot Project.
D. Mobilization and Demobilization
CMI shall provide the necessary personnel, equipment, and materials for
mobilization and demobilization to and from the Site for the purpose of
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performing the Pilot Project, including all required field testing, confirmatory
sampling and performance and environmental monitoring. The following
mobilization and demobilization Work shall be performed:
(1) identify field support equipment, supplies and facilities;
(2) mobilization;
(3) site preparation;
(4) installation of utilities;
(5) construction of temporary utilities; and
(6) demobilization.
E. Provide Site Access
CMI shall provide EPA, NMED, MMD and other regulatory officials and their
designated representatives with access to the Site and to all property owned or
controlled by CMI and utilized by CMI in carrying out the Work, as provided in
Section VIII of the Consent Decree (Access and Institutional Controls).
F. Maintain Field Logs and Daily Records
CMI shall maintain field logs and daily records documenting activities occurring
in the field during construction as specified in Section 10.2.3(C) of this SOW.
G. Pre-final Construction Inspection
CMI shall schedule and conduct a pre-final construction inspection of the Pilot
Project with EPA, NMED, and MMD. CMI shall develop a punch list of any
deficiencies identified as part of the pre-final construction inspection.
Within 30 days after conducting the pre-final construction inspection, CMI shall
prepare and submit to EPA a pre-final construction inspection report which
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includes the list of deficiencies and completion dates for outstanding items, and
the proposed date for a final construction inspection. The date for final
construction inspection shall be scheduled within 14 days after completion of the
corrective measures.

H. Corrective Measures to Address Deficiencies
CMI shall perform corrective measures to adequately address all deficiencies
identified on the punch list in accordance with the EPA-approved schedules
included with the pre-final construction inspection report.
I. Final Construction Inspection
CMI shall conduct a final construction inspection for the Pilot Project with EPA,
NMED, and MMD. The final construction inspection shall consist of a walkthrough of the project to determine the completeness of the Pilot Project
construction and its consistency with the EPA-approved Final Design, the
Consent Decree, and this SOW. The inspection will also be used to determine if
all punch list items have been adequately addressed. Based on the final
construction inspection, CMI shall provide written notification that all field
construction activities have been completed in accordance with the EPA-approved
work plan and the date such work was completed. The written notification shall
be submitted to EPA within 14 days of the final construction inspection, unless
otherwise agreed to in writing.
J. Final Pilot Project Construction Completion Report
Within 30 days after the final construction inspection, CMI shall prepare and
submit to EPA for approval a draft “Final Tailing Facility Cover Demonstration

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Pilot Project Construction Completion Report.” The final construction
completion report shall include without limitation the following elements:
(1) Background;
(2) Chronology of the Pilot Project construction;
(3) Pertinent Performance Standards and construction quality control;
(4) Pertinent ARARs and TBC material;
(5) Construction activities;
(6) As-built drawings that are certified by professional engineer licensed in the
State of New Mexico;
(7) Final inspection documentation and date;
(8) Summary of project costs;
(9) Evaluation of construction methodology;
(10) Observations and lessons learned; and
(11) Contact information for key CMI and contractor personnel.
CMI shall make revisions to the Pilot Project construction completion report consistent
with EPA’s comments. The revised report shall be submitted to EPA for approval within
30 days after receipt of EPA comments or the time period determined by EPA.
9.1.6.

Monitoring Phase

The monitoring phase includes tasks covering the period of monitoring subsequent to the
completion of major construction. Activities which shall be conducted by CMI during this phase
of the Pilot Project include without limitation the following:

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A. Data Acquisition, Analysis, Validation and Evaluation
CMI shall perform all sample acquisition, field testing and performance
monitoring for the Pilot Project in conformance with the updated SAP, QAPP,
FSP and EPA-approved Final Design required under the Consent Decree and this
SOW.
B. Performance Monitoring
CMI shall monitor the performance of the Pilot Project, in accordance with the
monitoring plan included in the Pilot Project Final Design.
C. Operation and Maintenance of Pilot Project
After construction is completed, CMI shall perform O&M of the Pilot Project
pursuant to the O&M Plan included in the Pilot Project Final Design.
D. Quarterly Inspections
CMI shall conduct quarterly inspections of the constructed Pilot Project with
EPA, NMED and MMD. CMI may reduce the inspection frequency over time
based on the data collected if approved by EPA. CMI shall develop a punch list
of deficiencies or recommended modifications or adjustments to the Pilot Project
as part of the quarterly inspections. CMI shall prepare and submit to EPA an
Inspection Report which documents the inspection, the participants, all
observations and list of deficiencies or modifications that require corrective
measures. The quarterly Inspection Report shall be submitted within 30 days
after each inspection. Any significant modifications which are recommended by
CMI in the Inspection Reports, or directed by EPA, that require additional

39

planning, shall also be documented in the Annual Monitoring and Assessment
Reports described in the following section of this SOW.

E. Annual Monitoring and Assessment Reports for Pilot Project
CMI shall prepare and submit to EPA an “Annual Monitoring and Assessment
Report for the Tailing Facility Cover Demonstration Pilot Project” (Annual
Monitoring Report”) no later than one year following CMI’s notification pursuant
to Section 9.1.5(I) (Final Construction Inspection) and annually thereafter for
each year that the Pilot Project is ongoing. The Annual Monitoring Report shall
include but not be limited to:
1) A description of all performance monitoring and O&M activities
completed and data acquired the previous year;
2) All acquired data and an analysis of the acquired data, including a
description of the progress towards attaining the success criteria described
in Section 5.2.1 of the SOW; and
3) A description of any issues or problems that were raised as a result of the
inspections and how they were solved or if they remain unresolved.
CMI shall revise the Annual Monitoring Report to address all EPA comments.
The revised Report shall be submitted to EPA for approval within 30 days after
receipt of EPA comments or the time period determined by EPA.
F. Modifications to Pilot Project
Upon receiving EPA’s acceptance of any recommended modification or
adjustment to the ongoing Pilot Project or EPA’s direction for modification, CMI
shall implement the modifications in accordance with the EPA-approved
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schedules contained in the Annual Monitoring Reports required in the previous
section of this SOW.
G. Pilot Project Completion Report
No later than six years following CMI’s notification pursuant to Section 9.1.5(I)
(Final Construction Inspection), CMI shall prepare and submit to EPA for
approval a draft “Tailing Facility Cover Demonstration Pilot Project Completion
Report” (“Completion Report”) summarizing and evaluating the data collected
during the Pilot Project and evaluating the performance of the elements of the
Pilot Project. The Completion Report shall include without limitation the
following elements:
1) Summary of all monitoring results;
2) Evaluation of long term cover stability;
3) Evaluation of erosion;
4) Evaluation of cover performance;
5) Operations and maintenance requirements;
6) Evaluation of vegetation design performance; and
7) Summary of lessons learned.
CMI shall make revisions to the Completion Report consistent with EPA’s comments. The
revised report shall be submitted to EPA for approval within 30 days after receipt of EPA
comments. EPA approval of the Tailing Facility Cover Demonstration Pilot Project Completion
Report shall not be unreasonably delayed.

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9.2. Tailing Facility Groundwater Extraction Well System
9.2.1.

Pre-final Remedial Design

CMI shall submit a Pre-final Remedial Design for Installation and Operation of Tailing Facility
Groundwater Extraction Well System based on the conditions identified in Section 5.2.4 of this
SOW, in accordance with any plan and schedule approved by EPA under Section 5.2.4 for such
work.
A. Pre-final RD Elements
The Pre-final RD will serve as the approved Final RD if EPA approves the Pre-final RD
without comments. The pre-final design shall include or discuss, at a minimum, the
following:
1) Pre-final drawings, detail drawings, list of materials and quantities;
2) Pre-final design calculations;
3) Design assumptions and parameters;
4) Pre-final technical specifications;
5) A pre-final/final O&M Plan and O&M Manual for the groundwater extraction
system; The O&M Manual and O&M Plan shall be developed in accordance with
Operation and Maintenance in the Superfund Program, OSWER 9200.1 37FS,
EPA/540/F-01/004 (May 2001); and
6) Pre-final CQAPP.
B. Respond to Design Review Comments
CMI shall consolidate and respond to all comments on the Pre-final RD within the
timeframe specified in the approved plan under Section 5.2.4. CMI shall provide a
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written response to each comment, indicating whether CMI has decided to implement a
design change as result of the comment, and how the change will impact the selected
remedy, RD/RA costs, and/or schedule. For the Pre-final RD, CMI shall submit
responses to EPA’s comments prior to initiation of the Final RD.
C. Participate in Pre-final Design Reviews or Briefings
As requested by EPA, CMI shall participate in design review meetings to be held at
locations as determined by the EPA RPM. Locations may include, but are not limited to,
CMI’s mining facility near Questa, EPA Region 6 offices in Dallas, Texas, or the NMED
or MMD offices in Albuquerque, Santa Fe, or Taos, New Mexico.
9.2.2.

Final Remedial Design

CMI shall submit a Final Remedial Design for the Installation and Operation of Tailing Facility
Groundwater Extraction Well System based on the conditions identified in Section 5.2.4 of this
SOW. CMI shall submit to EPA, for approval, a Final Remedial Design within 45 days after
receipt of EPA comments on the Pre-Final RD (unless the pre-Final RD was approved by EPA
without comment). The Final RD shall address comments generated from the Pre-final RD
review and clearly show any modifications of the design as a result of incorporation of the
comments. The Final RD must include final versions of all Pre-final deliverables. The Final RD
shall be approved by a Professional Engineer registered in New Mexico. CMI shall obtain
EPA’s written approval of a Final RD before initiating the associated RA unless specifically
authorized in writing by EPA. CMI shall make revisions to the Final RD as a result of EPA's
comments and/or agreements.

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A. Participate in Final Design Reviews (if needed)
As requested by EPA, CMI shall participate in Final RD review meetings to be held at
locations as determined by the EPA RPM. Locations may include, but are not limited to,
CMI’s mining facility near Questa, EPA Region 6 offices in Dallas, Texas, or the NMED
or MMD offices in Albuquerque, Santa Fe, or Taos, New Mexico.
B. Final RD
CMI shall incorporate into the Final RD any comments and/or changes recommended by
EPA in the Pre-final RDs or Pre-final RD meetings. The Final RDs shall be submitted
within 45 days of any final design review meeting that is needed.

10.

REMEDIAL ACTION

CMI shall perform all necessary RA Projects to construct and complete the work described in the
Final RDs submitted under this SOW or the Early Design AOC SOWs. CMI shall ensure that all
RA Projects are consistent with the applicable Regulations and Guidance Documents listed in
Attachment 6. In order to construct and complete the RA Projects, CMI shall plan for and
implement the Work described below.

10.1. Project Planning and Support
CMI shall plan for the execution and overall management of all RA Work by performing the
following project planning and support activities to implement the RA Projects:

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10.1.1.

Attend Scoping Meetings

Before or concurrent with developing the RA Project Work Plans, CMI shall attend all scoping
meetings, whether held at the Site in conjunction with Site visits, or at other locations, to be
determined by the EPA RPM.
10.1.2.

Conduct Site Visits

CMI shall conduct Site visits with EPA, NMED, and MMD officials and their designated
representatives during RA Project planning phases to assist all parties in developing an
understanding of the Site and any construction logistics. CMI shall use the information gathered
during the visits to better scope the projects and to implement the RA Projects. A Health and
Safety Plan is required prior to conducting Site visits.
10.1.3.

Develop Draft RA Project Work Plans

Within 60 days after receiving EPA’s written approval of each Final RD, or within 60 days after
the Effective Date, whichever is later, CMI shall prepare and submit the following draft RA
Project Work Plans for the construction of the Selected Remedy components according to the
Final RD. CMI shall obtain EPA’s approval of each RA Project Work Plan and all other related
plans before conducting each component of the RA Project.
A. Mine Site Groundwater Extraction System (SOW Section 5.1.2)
B. Upgrade Tailing Facility Seepage Interception Systems (SOW Section 5.2.3)
C. Install and Operate Tailing Facility Groundwater Extraction Well System
(SOW Section 5.2.4 – if required)
10.1.4.

RA Project Work Plan Elements

The RA Project Work Plans shall include a detailed description of:
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A. The technical approach and overall management strategy for the remediation;
B. The O&M, performance monitoring, other monitoring, and construction activities in
accordance with the final designs and ROD;
C. The necessary procedures, inspections, deliverables, and RA schedules shall be
specified;
D. The comprehensive construction management schedule for completion of each major
activity and submittal;
E. The organizational structure outlining the roles, relationships, and responsibilities
and authority of all organizations and key personnel involved in the RA including a
description of key project personnel's qualifications (e.g., project coordinator,
supervising contractor, resident engineer, quality assurance official, etc.); and
F. Information related to the execution of contracts for construction and the
identification of and satisfactory compliance with permitting requirements.
10.1.5.

Revise Draft RA Project Work Plans

CMI shall revise the draft RA Project Work Plans based on EPA's comments and provide revised
Work Plans within 30 days of receipt of EPA’s comments.
10.1.6.

Update Site-wide Plans

Within 60 days after receiving EPA’s written acceptance of each individual Final RD, CMI shall
review the existing Site-wide plans identified below that were prepared during the RD, and
submit to EPA an updated plan or addendum to the plan as part of each RA Project Work Plan,
as necessary, to implement each RA Project.

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Since CMI and any of its contractors or subcontractors will prepare their own RA Project plans,
CMI shall incorporate the plans and procedures received from any of its contractors or
subcontractors into the overall Site-wide plans. Construction plans and procedures are living
documents and CMI’s contractors shall update the appropriate plans, as necessary, throughout
the Work. Any revisions to the Site-wide Plans will be submitted with the final version of each
individual RA Project Work Plan.
A.

Site Management Plan
CMI shall update the Site Management Plan (SMP) that was prepared during
RD.
(1) Pollution Control and Mitigation Plan
CMI shall include in the SMP an update of the PCMP that outlines the
process, procedures, and safeguards that will be used to ensure
contaminants or pollutants are not released off Site.
(2) Waste Management Plan
CMI shall include in the SMP an update of the WMP that outlines how
wastes that are encountered during the RAs will be managed and disposed.
CMI shall specify the procedures that will be followed when wastes are
managed, including on-Site and off-Site storage, treatment, and/or
disposal. CMI shall include in the WMP updates to the Decontamination
Plan, Water Control Plan, and Transportation and Disposal Plan.

B. Health and Safety Plan
CMI shall update the Health and Safety Plan (HASP) for RA activities in
conformance with applicable Occupational Safety and Health Administration
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(OSHA) and EPA requirements, including 29 C.F.R. 1910. EPA shall not approve
or disapprove the Health and Safety Plan, but shall review it and require
compliance by CMI with its terms as part of the Consent Decree.
The HASP shall specify employee training, protective equipment, medical
surveillance requirements, standard operating procedures and a contingency plan
in accordance with 29 C.F.R. 1910.120 (l)(1) and (l)(2). The plan shall address
employee training, protective equipment, medical surveillance requirements,
standard operating procedures, and a contingency plan in accordance with
40 C.F.R. 300.150 of the NCP and 29 C.F.R. 1910.120 1(1) and (1)(2).
Whenever possible, CMI shall refer to the HASP developed for the RD when
preparing the HASP for the RA. CMI shall also ensure the HASP identifies
health and safety requirements specified under MSHA for Site visitors since the
Site is an operating mining facility.
C. Sampling and Analysis Plan
CMI shall update the SAP to reflect the specific objectives of any data acquisition
conducted during construction. CMI shall ensure that the SAP outlines the data
collection and quality assurance requirements of any sampling and analysis to be
conducted by CMI during the RA. As part of the SAP update, CMI shall also
update the QAPP, FSP, and Data Management Plan. The QAPP, FSP and Data
Management Plan developed for the RD and/or RI/FS should be referenced or
adapted whenever possible when preparing updates for the RA.

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D. Update Construction Quality Assurance Project Plan (CQAPP)
CMI shall review and update the final CQAPP submitted as part of each
individual Final RD. The CQAPP shall detail the approach for quality assurance
by addressing quality assurance requirements and standards related to
construction activities, including installation, excavation, and decontamination.
The updated CQAPP shall include the following updated elements:
(1) personnel;
(2) CQAPP personnel qualifications;
(3) inspection activities;
(4) sampling requirements; and
(5) documentation
E. Contingency Plans
CMI shall update the contingency plans to provide contingency measures for
potential spills and discharges from materials handling or transportation. This
plan shall describe methods, means, and facilities required to prevent
contamination of soil, water, atmosphere, uncontaminated structures, equipment
or material from the discharge of waste due to spills. CMI shall provide for
equipment and personnel to perform emergency measures required to contain a
spill and to remove and properly dispose of any media that become contaminated
due to spillage, and provide for equipment and personnel to perform
decontamination measures that may be required to remove spillage from
previously uncontaminated structures, equipment, or material.

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10.2. Construction Phase
CMI shall construct the portions of the Selected Remedy described in Section 10.1.3 of this
SOW by performing the Work set forth in the EPA-approved Final RA Project Work Plans. CMI
shall perform the Work in accordance with the EPA-approved RA Project Work Plan schedules.
Activities that shall be conducted by CMI during this phase of the project include, but are not
limited to the following:
10.2.1.

Attend Pre-Construction Meeting

Within seven (7) days of receipt of EPA’s written approval of each individual RA Project Work
Plan, CMI shall schedule a pre-construction meeting with EPA, NMED and MMD. The preconstruction meeting shall be held within 30 days after receipt of EPA’s written approval of the
RA Project Work Plan. Participants at the pre-construction meetings shall include CMI’s Project
Coordinator, Supervising Contractor, QA Official, a representative from each of CMI’s RA
Project contractors and subcontractors, and a representative of its RD contractor(s). Other
participants of the pre-construction meeting may include local emergency responders to
implement the HASP (e.g., police and fire departments), State Department of Transportation
officials (for potential road closures or vehicular traffic on state highways), or any other local or
State government officials whose presence is appropriate for the nature of the Work to be
performed. At the meeting, CMI shall provide participants with a detailed construction schedule
that includes the actual dates for mobilization to the site and construction start up.
10.2.2.

Advance Notice of Start of Construction

CMI shall provide a 14-day advanced notification of the start of all field construction activities to
EPA, NMED, MMD and all other participants at the pre-construction meeting.

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10.2.3.

RA Project Construction

Within 30 days after conducting each pre-construction meeting, or as otherwise provided in the
approved schedule, CMI shall commence construction activities. CMI shall perform the
following activities as part of each RA Project construction:
A. Mobilization and Demobilization
CMI shall provide the necessary personnel, equipment, and materials for
mobilization and demobilization to and from the Site for the purpose of
performing construction and construction-related activities, including all required
field testing, confirmatory sampling and performance and environmental
monitoring. CMI shall perform all of the following mobilization and
demobilization Work:
(1) identify field support equipment, supplies and facilities;
(2) mobilization;
(3) site preparation;
(4) installation of utilities;
(5) construction of temporary utilities; and
(6) demobilization.
B. Provide Site Access
CMI shall provide EPA, NMED, MMD, and other regulatory officials and their
designated representatives with access to the Site, and to all property owned or
controlled by CMI and utilized by CMI in carrying out the Work, as provided in
Section VII of the Consent Decree (Access to the Site and Other Property).

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C. Maintain Field Logs and Daily Records
CMI shall maintain field logs and daily records documenting activities occurring
in the field during construction.
D. Perform Field Testing and Confirmatory Sampling
CMI shall provide the necessary personnel and equipment to collect any
confirmatory samples, perform any necessary field testing, and conduct
inspections of work. Such field testing shall include testing of materials used
during construction to determine if they are consistent with all screening criteria
and specifications contained in the final designs and construction contract
documents (e.g., soils testing, materials testing, etc.). Confirmatory sampling
shall be performed to verify that the Performance Standards, as set forth in the
ROD, have been achieved.
E. Data Acquisition, Analysis, Validation and Evaluation
CMI and its contactors shall perform all sample acquisition and field testing in
conformance with the updated Site-wide SAP, QAPP, FSP and EPA-approved
monitoring plans required under the Consent Decree and this SOW.
CMI shall perform the appropriate combination of CLP analytical tests for any
materials and/or confirmatory samples taken at the Site in accordance with the
updated Site-wide SAP, QAPP and FSP. CMI shall also ensure the proper
management of samples in the field and arrange for shipment to the designated
laboratory. Accurate chain-of-custody procedures for sample tracking, protective
sample packing techniques, and proper sample-preservation techniques must be
used in accordance with the SAP, QAPP and FSP.
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CMI shall evaluate, interpret, and tabulate data in an appropriate presentation
format for final data tables. CMI shall design and set up an appropriate database
for pertinent information collected that will be used to validate and monitor the
RA and monitor the environment. These tables will include soil/sediment data,
air data, groundwater data, surface water data, biological data, and waste data, if
required to be collected during the RA. On a quarterly basis and upon request,
CMI shall make these data tables available to EPA, NMED and MMD in a native
and searchable format.
Within 14 days of receipt of validated analytical data, CMI shall evaluate the data
and notify EPA of the results and identify what additional response actions are
necessary, if any, to achieve the Performance Standards (e.g., additional
excavation of soil). Within 14 days of providing such notification, CMI shall
compile the sampling and analytical results in a summary report and submit it to
EPA, NMED and MMD for review. The report will assess the progress of the RA
Project based on these results and identify any actions required.
F. Perform Additional Work and Confirmatory Sampling, As Needed
If initial confirmatory sampling shows Performance Standards have not been
attained after work is conducted, CMI shall perform additional work necessary to
achieve the Performance Standards. CMI shall provide a 3-day advance
notification to EPA, NMED, and MMD prior to start up of any additional work.
Following performance of any additional work, CMI shall repeat the activities for
confirmatory sampling, analysis, validation and evaluation to assess attainment of

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the Performance Standards. This process shall be repeated until the Performance
Standards are attained or EPA determines that the work performed is adequate.
G. Field Change Requests
During performance of the construction Work, CMI may identify and request
approval for field changes to final RA Project work plans, final design reports, or
the EPA-approved RA Project work plan schedules as necessary to complete the
Work. EPA will approve, disapprove or require modification of any requests for
field changes in accordance with the procedures set forth in Section VI of the
Consent Decree.
H. Attend Additional Meetings and Conduct Inspections
CMI and its contractors shall attend additional meetings or conduct Site
inspections at any time throughout implementation of construction activities, at
the request of the EPA, to provide clarification on contract documents,
specifications, construction progress, and field schedules.
I. Dispose of Investigation-Derived Waste
CMI shall characterize and dispose of investigation-derived wastes in accordance
with the Waste Management Plan.
10.2.4.

RA Project Construction Completion

CMI shall conduct all necessary inspections to obtain EPA’s approval of the construction
completion of the following RA Projects: the Mine Site Groundwater Extraction System
(Section 5.1.2), the Seepage Barrier Upgrade (Section 5.2.3) and the Tailing Facility
Groundwater Extraction System (Section 5.2.4). For those RA Projects in which Performance

54

Standards are not achieved during the RA, CMI shall conduct the following activities to verify
that each RA Project has been constructed and is performing as designed.
A. RA Project Construction Completion Inspections
For those RA Projects in which performance standards are not achieved at the
completion of the RA construction phase, CMI shall schedule and conduct a prefinal inspection of the RA Project with, EPA, NMED, and MMD. CMI shall
develop a punch list of deficiencies as part of the pre-final inspection.
Within twenty one (21) days after conducting a pre-final construction inspection,
CMI shall prepare and submit to EPA a pre-final construction inspection report
which includes the list of deficiencies and completion dates for outstanding items,
and the proposed date for a final construction inspection. The date for final
construction inspections shall be scheduled within 14 days after completion of the
corrective measures.
B. Corrective Measures to Address Deficiencies
CMI shall perform corrective measures to adequately address all deficiencies
identified on the punch list in accordance with the EPA-approved schedule
included with the pre-final construction inspection report.
C. Final Construction Inspections
CMI shall conduct final construction inspections for each RA with its contractors,
EPA and its representatives, NMED, and MMD. The final construction
inspections will consist of a walk-through of each project to determine the
completeness of the remedial construction and its consistency with the EPAaccepted final design reports, the final RA Project work plans, the ROD, the
55

Consent Decree, and this SOW. The inspections will also be used to determine if
all punch list items have been adequately addressed. Based on the final
construction inspection, CMI shall provide written notification that all field
construction activities have been completed. The written notification shall be
submitted to EPA within 14 days of the final construction inspection, unless
otherwise agreed to in writing.
D. Shakedown Period
There shall be a shakedown period of up to one year for EPA to review whether
the remedy is functioning properly and performing as designed. CMI shall
provide such information as EPA requests for its review.
E. RA Project Construction Completion Report
Within 60 days after completion of the shakedown period, CMI shall prepare and
submit to EPA an “RA Project Construction Completion Report” requesting
EPA’s approval of the Construction Phase and EPA’s determination that the RA
Project is operating as intended. The RA Project Construction Completion Report
must:
(1) include statements by a registered professional engineer and by CMI’s
Project Coordinator that the Construction Phase is complete and that the
RA Project is operating as intended;
(2) include a demonstration, and supporting documentation (with a summary
of the documentation), that the Construction Phase is complete and that the
RA Project is performing as designed;

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(3) include as-built drawings signed and stamped by a professional engineer;
and
(4) be prepared in accordance with Chapter 2 (Remedial Action Completion)
of EPA’s Close Out Procedures for NPL Sites guidance (May 2011).
If EPA notifies CMI that the RA Project Construction is not complete, does not
comply with Final RD specifications, or the RA Project is not performing as
designed, CMI shall meet with EPA as soon as practicable regarding such notice.
EPA’s notice may include a description of the activities that CMI must perform in
order to complete the RA Project Construction or cause the RA Project to operate
as intended. EPA’s notice may include specifications and a schedule for such
activities or must require CMI to submit specifications and a schedule for EPA
approval. CMI shall perform all activities described in the notice or in the EPAapproved specifications and schedule.
F. Final RA Construction Completion Report
Within 30 days after receipt of EPA comments on each draft RA Project
Construction Completion Report, CMI shall revise each such report to adequately
address all EPA comments and submit a Final RA Project Construction
Completion Report. CMI shall also submit written responses to all EPA
comments with the report.
10.2.5.

Mine Site Water Treatment Plant RA Project Construction Completion

Once CMI has completed construction of the new Mine Site Area Water Treatment Plant and
concluded the initial shakedown period, or within 30 days of the Effective Date of this Consent
Decree, whichever is later, CMI shall submit a RA Project Construction Completion Report to
57

EPA in accordance with Section 10.2.4(E). The Report should certify to EPA that the waters
being collected by the selected remedy are being treated to meet discharge requirements included
in the NPDES permit CMI has already obtained. Within 30 days after receipt of EPA comments
on the draft RA Project Construction Completion Report, CMI shall revise the report to
adequately address all EPA comments and submit a Final RA Project Construction Completion
Report for the Mine Site Water Treatment Plant. CMI shall also submit written responses to all
EPA comments with the report.
10.2.6.

Surface Based Mine Dewatering System RA Project Construction
Completion

Once CMI has completed construction of the Surface Based Mine Dewatering System, CMI shall
submit a RA Project Construction Completion Report to EPA in accordance with
Section 10.2.4(E). EPA may determine that the Final Pilot Surface-Based Mine Dewatering
System Construction Completion Report submitted under Section 6.11.3.1.10 of Revision 3 of
the Early Design SOW satisfies all the requirements of Section 10.2.4(E) and Section 10.2.6 of
this SOW. Within 30 days after receipt of EPA comments on the draft RA Project Construction
Completion Report (if required), CMI shall revise the report to adequately address all EPA
comments and submit a Final RA Project Construction Completion Report for the Surface-Based
Mine Dewatering System. CMI shall also submit written responses to all EPA comments with
the report.
10.2.7.

Dry/Maintenance Area Soil Excavation RA Project Completion

A. RA Project Completion Inspection.
Because CMI has performed the required soil excavation of the Dry/Maintenance Area
pursuant to an addendum to the Phase 2 Demolition and Decommissioning Plan
58

(established pursuant to the Mining Act Permit No. TA001RE), an RA Project
Completion Inspection is not required.
B. RA Project Completion Report
Because CMI has performed the required soil excavation of the Dry/Maintenance Area
pursuant to an addendum to the Phase 2 Demolition and Decommissioning Plan
(established pursuant to the Mining Act Permit No. TA001RE), CMI shall submit the RA
Project Completion Report within 90 days of the Effective Date of this Consent Decree.
The report must:
1) Include a certification by CMI’s Project Coordinator that the RA Project has been
completed in accordance with the Building Demolition and Cleanup Plan, Phase 2
Activities – Tailing Facility Area, Addendum No. 1 – Soil Removal at the Old
Maintenance Shop (Cleanup Plan);
2) Include drawings showing the area and volume of soil removed; and
3) Include the results of X-ray fluorescence measurements and laboratory
confirmation samples showing that the soil greater than 41 ppm molybdenum has
been removed.
C. Final RA Project Completion Report
Within 30 days after receipt of EPA comments on the draft RA Project Completion
Report, CMI shall revise the report to adequately address all EPA comments and submit
the Final RA Project Completion Report for the Dry/Maintenance Area Soil Excavation.
CMI shall also submit written responses to all EPA comments with the report.

59

10.2.8 EPA Certification of Completion Based on RA Project Completion Reports
A.

The following RA Projects will be “Complete” when EPA has determined that the RA

Project has been fully performed and the pertinent Performance Standards have been achieved:
(1) Mine Site Groundwater Extraction System (5.1.2); (2) Tailing Facility Seepage Barrier
Upgrade (5.2.3); (3) Tailing Facility Groundwater Extraction System (5.2.4).
B.

Monitoring Report: For those Remedial Action Projects identified in Section 10.2.8(A),

CMI shall submit a Monitoring Report to EPA requesting Certification of RA Project
Completion. The reports must:
(1) include certification by CMI’s Project Coordinator that the RA is complete;
(2) be prepared in accordance with EPA’s Close Out Procedures for NPL Sites
guidance (May 2011).
C.

If EPA concludes that a RA Project is not Complete, EPA shall notify CMI. EPA’s notice

must include a description of any deficiencies. EPA’s notice may include a schedule for
addressing such deficiencies or may require CMI to submit a schedule for EPA approval. CMI
shall perform all activities described in the notice in accordance with the schedule.
D.

If EPA concludes, based on the initial or any subsequent submittal of a Final RA Project

Completion Report requesting Certification of Completion of a RA Project, that the RA Project
is Complete, EPA shall timely so certify to CMI. Certification of Completion of a RA Project
will not affect CMI’s remaining obligations under the Consent Decree.

60

10.3 Monitoring, Operation and Maintenance
CMI shall conduct operation and maintenance (O&M) of the following RA Projects to protect
the integrity of the remedy. O&M activities shall be conducted using the O&M Plan and O&M
Manuals included in the EPA-approved Final RD or plans developed pursuant to Section 10.3.1
for the following RA Projects:
•

Surface-based Mine Dewatering System (SOW Section 5.1.1)

•

New Groundwater Extraction System (SOW Section 5.1.2)

•

New Mine Site Area Water Treatment Plant (SOW Section 5.1.4)

•

Replace the Lower 002 Seepage Barrier with Extraction Wells and Replace the Upper
003 Seepage Barrier with a Deeper Collection System (SOW Section 5.2.3)

•

Install and Operate Groundwater Extraction System (SOW Section 5.2.4)

•

Operate Inlet Control Structure (SOW Section 5.3.1)

CMI shall conduct performance monitoring of the following RA projects to evaluate
performance of the constructed remedies. Performance monitoring shall be conducted using
monitoring plans developed pursuant to Section 10.3.2 for the following work components:
•

Performance Monitoring (SOW Section 5.1.3)

•

Monitor Groundwater and Surface Water (SOW Section 5.2.5)

•

Monitor and Maintain Tailing Dams (SOW Section 5.2.6)

Performance monitoring and O&M for each of the RA components shall continue for as long as
deemed necessary by EPA.

61

10.3.1

O&M Plan and O&M Manual

A. New Mine Site Area Water Treatment Plant
Within 30 days of the Effective Date of this Consent Decree, or November 30, 2016, whichever
is later, CMI shall submit to EPA an O&M Plan and O&M Manual for the Mine Site Area Water
Treatment Plant. The O&M Plan and O&M Manual shall be developed in accordance with
Operation and Maintenance in the Superfund Program, OSWER 9200.1 37FS, EPA/540/F01/004 (May 2001).
Within 30 days after receipt of EPA’s comments on the O&M Plan and O&M Manual, CMI
shall submit to EPA a revised O&M Plan and O&M Manual for the New Mine Site Water
Treatment Plant for EPA’s approval.
B. Surface-based Mine Dewatering System
Within 30 days of EPA’s approval of the Pilot Surface-based Mine Dewatering System
Completion Report, submitted pursuant to SOW Section 6.11.3.2.6 of Revision 3 of the Early
Design SOW, CMI shall submit to EPA a revised Surface-based Mine Dewatering System O&M
Plan and O&M Manual for EPA’s approval.
C. Eagle Rock Lake Operation of Inlet Control Structure
In order to minimize sediment loading to Eagle Rock Lake during and after storm events, CMI
shall continue to operate the inlet controls, including the head gate and data collection systems
that CMI installed pursuant to the Removal AOC. CMI shall operate the inlet controls in
accordance with the EPA-approved Post-Construction Inspection and Monitoring Plan developed
per paragraph 6.3.4.9.1 of the Removal SOW. Consistent with the Removal AOC, CMI, in
coordination with the USFS, shall ensure proper operation of the inlet controls for a period of at
least five years following the Effective Date of the Removal AOC. Following this five year
62

period, CMI shall continue to operate and maintain the inlet controls, including equipment
replacements and technology upgrades, in coordination with the USFS for an additional five
years, unless otherwise requested in writing by the USFS. CMI shall, in consultation with the
EPA and USFS, transition the sole operational responsibility of the inlet controls to the USFS by
the end of this second five-year period, if agreed to by the USFS; provided, however, that CMI
may elect to maintain responsibility for the operation and maintenance of the inlet controls
beyond the second five-year period for successive five-year periods. CMI may, in consultation
with the EPA and USFS, transition the sole operational responsibility of the inlet controls to the
USFS at the end of any of these successive five-year periods. If such transition of responsibility
to USFS has not occurred by the date that EPA certifies that the construction is complete for all
remedial action at the Mine Site that is required by the ROD, CMI shall no longer be required to
continue to operate and maintain the inlet controls; provided, however, that if EPA determines
that a release from the Mine Site or from a CMI mining-related activity to the Red River has
occurred that was not authorized by an EPA-issued permit and that has contaminated the
sediment of Eagle Rock Lake, EPA may require CMI to perform additional operation and
maintenance of the inlet controls.
10.3.2

Performance Monitoring Plans

A. Mine Site Performance Monitoring Plan
Within 60 days of the Effective Date, CMI shall develop and submit to EPA a plan to monitor
performance of the Mine Site Groundwater Extraction System and Surface-based Mine
Dewatering System under Section 5.1.3 (Performance Monitoring) of this SOW to assess the
effectiveness of the systems on attaining performance standards in alluvial, colluvial and bedrock

63

groundwater. The Mine Site Performance Monitoring Plan shall include a schedule for
implementation and monitoring.
Within 30 days after receipt of EPA’s comments on the monitoring plan, CMI shall submit to
EPA a revised Mine Site Performance Monitoring Plan for EPA’s approval.
B. Tailing Facility Performance Monitoring Plan
Within 60 days of the Effective Date, CMI shall develop and submit to EPA a plan to monitor
groundwater and surface water at the Tailing Facility. The plan shall be written to address the
requirements contained in Section 5.2.5 of this SOW. The Tailing Facility Performance
Monitoring Plan shall include a schedule for implementation and monitoring.
Within 30 days after receipt of EPA’s comments on the monitoring plan, CMI shall submit to
EPA a revised Tailing Facility Performance Monitoring Plan for EPA’s approval.
C. Tailing Dams Monitoring and Maintenance Plan
Within 90 days of the effective date, CMI shall develop and submit to EPA a plan to monitor and
maintain the tailing dams. The plan shall be written to address the requirements contained in
Section 5.2.6 of this SOW.
Within 30 days after receipt of EPA’s comments on the monitoring plan, CMI shall submit to
EPA a revised Tailing Dam Monitoring and Maintenance Plan for EPA’s approval.
10.3.3

Eagle Rock Lake Performance Monitoring

In addition to the performance monitoring described above, CMI shall conduct performance
monitoring at Eagle Rock Lake. CMI shall perform post-construction inspection and monitoring
in accordance with the requirements in the Post-Construction Inspection and Monitoring Plan for
the Eagle Rock Lake Removal Action developed under Paragraph 6.3.4.9.1 of the Removal AOC
SOW and approved by EPA on November 12, 2015. The plan requires physical, chemical and
64

biological monitoring of Eagle Rock Lake to assess the long-term effectiveness of the
remedy. The plan requires monitoring within Eagle Rock Lake be performed a total of three
times over a period of ten years after completion of Eagle Rock Lake Removal Action
construction. The three monitoring events shall occur at the following intervals: one month
(baseline, completed September 30, 2015), five years, and ten years after the completion of the
Removal Action construction. The plan requires monitoring of potential releases from the Mine
Site, turbidity monitoring and monitoring of other appropriate parameters of the Red River
upstream and downstream of the Mine Site. The plan also requires monitoring of the continuing
performance and integrity of the inlet controls in limiting contamination entering the lake during
storm and other high-flow events.
EPA will conduct five-year reviews of the Removal Actions. After the second Five-Year
Review, EPA will assess the need to continue Eagle Rock Lake monitoring beyond the 10-year
monitoring period established in the Removal Action SOW and continued in this Consent
Decree. If EPA determines that a release from the Mine Site or from a CMI mining-related
activity to the Red River has occurred that was not authorized by an EPA-issued permit and that
has contaminated the sediment of Eagle Rock Lake, EPA may require CMI to perform additional
monitoring of the lake.
10.3.4

Operation and Maintenance of Remedial Actions

CMI shall commence O&M activities as described in the Final RD for each of the following RA
projects within 30 days after receiving EPA’s approval of the relevant RA Construction
Completion Report:
A. New Groundwater Extraction Systems (SOW Section 5.1.1);

65

B. Replace the Lower 002 Seepage Barrier with Extraction Wells and Replace the
Upper 003 Seepage Barrier with a Deeper Barrier (SOW Section 5.2.3); and
C. Install and Operate Groundwater Extraction Well System (SOW Section 5.2.4).
Immediately following EPA’s approval of the Mine Site Area Water Treatment Plant O&M Plan
and O&M Manual, CMI shall commence O&M activities for the New Mine Site Area Water
Treatment Plant (SOW Section 5.1.4).
Immediately following EPA’s approval of the Surface-based Mine Dewatering System O&M
Plan and O&M Manual, CMI shall commence O&M activities for the Surface-based Mine
Dewatering System (SOW Section 5.1.1).
CMI shall commence O&M activities for Eagle Rock Lake in accordance with the schedule in
the Post-Construction Inspection and Monitoring Plan for the Eagle Rock Lake Removal Action
developed under Paragraph 6.3.4.9.1 of the Removal AOC SOW and approved by EPA on
November 12, 2015.
10.3.5

Performance Monitoring

CMI shall perform all monitoring required by the EPA-approved Mine Site, Tailing Facility and
Tailing Dams Performance Monitoring Plans developed under Section 10.3.2. CMI shall
perform all sample acquisition, field testing and performance monitoring in conformance with
the updated SAP, QAPP, FSP and EPA-approved O&M Plans and O&M Manuals.
10.3.6

Annual Remedial Action Effectiveness Report

No later than one year after the effective date, and annually thereafter, CMI shall prepare and
submit an annual RA Effectiveness Report for all Work conducted at the Site.

66

The annual RA Effectiveness Report shall include but not be limited to:
•

A description of all RA, performance monitoring and O&M activities completed
and data acquired the previous year;

•

An analysis of the acquired data including a description of the progress towards
attaining Performance Standards;

•

Updated isoconcentration contour maps of COCs in Mine Site Area and Tailing
Facility Area groundwater based on acquired water chemistry data;

•

A description of any issues or problems that were raised as a result of the
inspections and how they were solved or if they remain unresolved;

•

A description of all permitting activities performed the previous year related to
the Work and achievement of permit requirements or notification of permit
violations, if any;

•

Documentation of the volumes of water collected by all extraction well and
seepage interception systems (system totals and per/well or basis);

•

Documentation of the volumes of water treated at water treatment plant(s);

•

Documentation of the volume of water discharged under NPDES permitting to
Red River via outfall(s);

•

Copy of NPDES permit effluent discharge reports; and

•

A review of safety and emergency systems; and

•

A description of the periodic evaluations to optimize system performance.

CMI shall make revisions to the annual Remedial Action Effectiveness Report as necessary to
address EPA’s comments. The revised report shall be submitted to EPA for approval within 30
days after receipt of EPA comments or the time period determined by EPA.
67

11 FIVE-YEAR REVIEWS
CMI shall conduct any studies and investigations requested by EPA, to support EPA’s reviews of
whether the Remedial Action is protective of human health and the environment in accordance
with Section 121(c) of CERCLA, 42 U.S.C. § 9621(c) and the NCP. EPA’s determination of
remedy protectiveness occurs within five years after commencement of remedial construction
and at least every consecutive five years thereafter, as required by Section 121(c) of CERCLA,
42 U.S.C. §9621(c), and the NCP. The five year reviews will continue in this manner and on this
schedule as long as contaminants remain in place at the Site that prevent its unrestricted use.

68

Capulin
Rock Pile

Canyon
Capulin

Gu
lch

lch
Gu

38

RED
RIVE
R

Sulphur

Goathill
South
Rock Pile

lin e

way

Blind Gulch
Rock Pile

Predicted
Subsidence
Area

Truck Shop
Slice

Slic
k

High

Goa
thil
l Gu
lch

Eagle Rock
Lake

Open
Pit

k
ee
Cr
r

a
Be

Sulphur
Gulch South
Rock Pile

Middle
Rock Pile

Mill
Area

Gu
l

RE
D

ch

Sugar Shack
West
Rock Pile

Sugar Shack
South
Rock Pile

hi
ll
Go
at

Spring
Gulch
Rock
Pile

Spring G
u

Goathill
North
Rock Pile

lch

Questa
Mine Site

Sulphur
Gulch North
Rock Pile

RI
VE
R

Questa

Cab
res
to C
ree
k

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 1

Administration
Area

REVISION
NOTES:
Aerial photograph provided by
Molycorp - Questa Mine (2007).

APPLICATION

DATE

ArcGIS 9.3
2.0

Creek

Columbine

RED RIVER

CHEVRON MINING INC. - QUESTA MINE

2,000

0

Feet
Scale 1:24000 or 1 in = 2000 ft

151475

Property Boundary
Tailing Pipeline
Rock Pile

River
Creek
Gulch
Canyon

22236247

FILENAME

8/25/2009

mine_area_fs.mxd
Map Features

PROJECT

URS Center
8181 East Tufts Avenue
Denver, CO 80237-2637
[phone]

DRAWN BY

Denver/GIS
DATE

08/12/2009

QUESTA MINE SITE

FIGURE 1-2
Final
Feasibility Study Report

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 2

Cab
res
to C
ree
k

Highway 522

Questa
Tailing Facility

Questa
Questa
Mine Site

in
ul

Eagle
Rock Lake

p
Ca

Change
House

Tailing Impoundments
Da
m
No
.1

High

Tailing Pipeline

C

on
ny
a

way

38

RED
RIVE
R

Dam No. 4

ar
Be

ek
re
C

Go
a

th

ill

Gu
l

ch

RED RIV
ER

REVISION
NOTES:
Aerial photograph provided by
Chevron Mining Inc. - Questa Mine (2007).
Map Features
2,000

0

Feet
Scale 1:24000 or 1 in = 2000 ft

151476

Property Boundary
Tailing Pipeline

River
Creek
Gulch
Canyon

APPLICATION

DATE

ArcGIS 9.3
2.0

CHEVRON MINING INC. - QUESTA MINE

PROJECT

22236247

FILENAME

8/25/2009

tailing_area_fs.mxd
URS Center
8181 East Tufts Avenue
Denver, CO 80237-2637
[phone]

DRAWN BY

Denver/GIS
DATE

08/12/2009

QUESTA
TAILING FACILITY

FIGURE 1-3
Final
Feasibility Study Report

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 3

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 4
0

New El<lracllon Well

®
®

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E9
Et
~

- - Seepage Banter

Monilollng Well - Upper Alluvial - - Easemenl
Monilollng Well - BaS>~IAIILMal Monlonng Woll · Basal Bedroeit

•

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@

PIO!OIIII!IOI • Upp.. AIIMIII

1'\"opolly Boundary

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Cl Wlllor TrM!mot1 Plant. Mah onanco
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~ring

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and Bodrock Aq~•~

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excoods PRG in Upper AIIINiaiAquife<

TSS11-4

Figure 8
Proposed Plan
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(& )
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EPA Region 6
Superfund

12116/2009

..........

~

Preferred Alternative
Tailing Facility Area
0 125

0.25

comanrnauon arGas. propQrty O<IUIOan9s•
w eiS, CJ"''d other da1a;its ae from the
URS $12012CX)g ft3Siblli1Y Sluo:!Y R~POrt .

15

075

"'
U.S. ENVIRONMENTAL PROTECTION AGENCY 

RECORD OF DECISION 
MOLYCORP, INC

Ft~ ures 6..00 and 7·31 , FeabJiils were either
aigrt!l@d p..-,.,.cbned URS m~ or dJSpiayod
rcmR9PIYI dotaoot~ P'll<lidQdiOEPAR6
Aenal photo" fran D9tsi Globe. SI151100Q.

FIGURE 12‐26 
DECEMBER 2010  

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 5

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 6

Regulations and Guidance Documents
1.1

The following regulations and guidance documents, among others, apply to the Work.
Any item for which a specific URL is not provided below is available on one of the two
EPA Web pages listed in ¶ 1.2:
(a)

A Compendium of Superfund Field Operations Methods, OSWER 9355.0-14,
EPA/540/P-87/001a (Aug. 1987).

(b)

CERCLA Compliance with Other Laws Manual, Part I: Interim Final, OSWER
9234.1-01, EPA/540/G-89/006 (Aug. 1988).

(c)

Guidance for Conducting Remedial Investigations and Feasibility Studies,
OSWER 9355.3-01, EPA/540/G-89/004 (Oct. 1988).

(d)

CERCLA Compliance with Other Laws Manual, Part II, OSWER 9234.1-02,
EPA/540/G-89/009 (Aug. 1989).

(e)

Guidance on EPA Oversight of Remedial Designs and Remedial Actions
Performed by Potentially Responsible Parties, OSWER 9355.5-01, EPA/540/G90/001 (Apr.1990).

(f)

Guidance on Expediting Remedial Design and Remedial Actions, OSWER
9355.5-02, EPA/540/G-90/006 (Aug. 1990).

(g)

Guide to Management of Investigation-Derived Wastes, OSWER 9345.3-03FS
(Jan. 1992).

(h)

Permits and Permit Equivalency Processes for CERCLA On-Site Response
Actions, OSWER 9355.7-03 (Feb. 1992).

(i)

Guidance for Conducting Treatability Studies under CERCLA, OSWER 9380.310, EPA/540/R-92/071A (Nov. 1992).

(j)

National Oil and Hazardous Substances Pollution Contingency Plan; Final Rule,
40 C.F.R. Part 300 (Oct. 1994).

(k)

Guidance for Scoping the Remedial Design, OSWER 9355.0-43, EPA/540/R95/025 (Mar. 1995).

(l)

Remedial Design/Remedial Action Handbook, OSWER 9355.0-04B, EPA/540/R95/059 (June 1995).

(m)

EPA Guidance for Data Quality Assessment, Practical Methods for Data
Analysis, QA/G-9, EPA/600/R-96/084 (July 2000).

(n)

Operation and Maintenance in the Superfund Program, OSWER 9200.1-37FS,
EPA/540/F-01/004 (May 2001).

(o)

Comprehensive Five-year Review Guidance, OSWER 9355.7-03B-P, 540-R-01007 (June 2001).

(p)

Guidance for Quality Assurance Project Plans, QA/G-5, EPA/240/R-02/009
(Dec. 2002).

(q)

Institutional Controls: Third Party Beneficiary Rights in Proprietary Controls
(Apr. 2004).

(r)

Quality management systems for environmental information and technology
programs -- Requirements with guidance for use, ASQ/ANSI E4:2014 (American
Society for Quality, February 2014).

(s)

Uniform Federal Policy for Quality Assurance Project Plans, Parts 1-3,
EPA/505/B-04/900A though 900C (Mar. 2005).

(t)

Superfund Community Involvement Handbook, EPA/540/K-05/003 (Apr. 2005).

(u)

EPA Guidance on Systematic Planning Using the Data Quality Objectives
Process, QA/G-4, EPA/240/B-06/001 (Feb. 2006).

(v)

EPA Requirements for Quality Assurance Project Plans, QA/R-5,
EPA/240/B-01/003 (Mar. 2001, reissued May 2006).

(w)

EPA Requirements for Quality Management Plans, QA/R-2, EPA/240/B-01/002
(Mar. 2001, reissued May 2006).

(x)

USEPA Contract Laboratory Program Statement of Work for Inorganic Analysis,
ILM05.4 (Dec. 2006).

(y)

USEPA Contract Laboratory Program Statement of Work for Organic Analysis,
SOM01.2 (amended Apr. 2007).

(z)

EPA National Geospatial Data Policy, CIO Policy Transmittal 05-002
(Aug. 2008), available at http://www.epa.gov/geospatial/policies.html and
http://www.epa.gov/geospatial/docs/National_Geospatial_Data_Policy.pdf.

(aa)

Summary of Key Existing EPA CERCLA Policies for Groundwater Restoration,
OSWER 9283.1-33 (June 2009).

(bb)

Principles for Greener Cleanups (Aug. 2009), available at
http://www.epa.gov/oswer/greenercleanups/.

(cc)

USEPA Contract Laboratory Program Statement of Work for Inorganic
Superfund Methods (Multi-Media, Multi-Concentration), ISM01.2 (Jan. 2010).
2

(dd)

Close Out Procedures for National Priorities List Sites, OSWER 9320.2-22
(May 2011).

(ee)

Groundwater Road Map: Recommended Process for Restoring Contaminated
Groundwater at Superfund Sites, OSWER 9283.1-34 (July 2011).

(ff)

Recommended Evaluation of Institutional Controls: Supplement to the
“Comprehensive Five-Year Review Guidance,” OSWER 9355.7-18 (Sep. 2011).

(gg)

Construction Specifications Institute’s MasterFormat 2012, available from the
Construction Specifications Institute, www.csinet.org/masterformat.

(hh)

Updated Superfund Response and Settlement Approach for Sites Using the
Superfund Alternative Approach , OSWER 9200.2-125 (Sep. 2012)

(ii)

Institutional Controls: A Guide to Planning, Implementing, Maintaining, and
Enforcing Institutional Controls at Contaminated Sites, OSWER 9355.0-89,
EPA/540/R-09/001 (Dec. 2012).

(jj)

Institutional Controls: A Guide to Preparing Institutional Controls Implementation
and Assurance Plans at Contaminated Sites, OSWER 9200.0-77, EPA/540/R09/02 (Dec. 2012).

(kk)

EPA’s Emergency Responder Health and Safety Manual, OSWER 9285.3-12
(July 2005 and updates), http://www.epaosc.org/_HealthSafetyManual/manualindex.htm.

(ll)

Broader Application of Remedial Design and Remedial Action Pilot Project
Lessons Learned, OSWER 9200.2-129 (Feb. 2013).

(mm) Guidance for Evaluating Completion of Groundwater Restoration Remedial
Actions, OSWER 9355.0-129 (Nov. 2013).
(nn)

Groundwater Remedy Completion Strategy: Moving Forward with the End in
Mind, OSWER 9200.2-144 (May 2014).

(oo)

Closeout Plan Guidelines for Existing Mines” – “Attachment 2, Revegetation
Standards and Sampling Methods”, Mining and Minerals Division New Mexico
Energy, Minerals and Natural Resources Department (1996)

(pp)

Recommended Approach for Evaluating Completion of Groundwater Restoration
Remedial Actions at a Groundwater Monitoring Well” (OSWER 9283.1-44,
August 2014) and EPA’s Groundwater Statistics Tool User’s Guide” (OSWER
9283.1-46)

3

1.2

A more complete list may be found on the following EPA Web pages:
Laws, Policy, and Guidance http://www.epa.gov/superfund/policy/index.htm
Test Methods Collections

1.3

http://www.epa.gov/fem/methcollectns.htm

For any regulation or guidance referenced in the CD or SOW, the reference will be read
to include any subsequent modification, amendment, or replacement of such regulation or
guidance. Such modifications, amendments, or replacements apply to the Work only after
SDs receive notification from EPA of the modification, amendment, or replacement.

4

U.S. and State of New Mexico v. Chevron Mining Inc.
Appendix A to the First Partial Consent Decree – Attachment 7

Summary of Major Deliverables
For The First Partial Remedial Design and Remedial Action Consent Decree
Chevron Questa Mine Superfund Site

SOW
Section

Deliverable

Due Date

Notification of Project Coordinator Designation

Within 20 days after lodging this Consent
Decree

Notification of Names and Qualifications of
Supervising Contractor(s)

Within ten days after the Effective Date of the
Consent Decree,

7.3

Weekly Communication Report

5 workings days from meeting/conversation

7.4

Monthly Progress Report

Beginning on the 10th day in the month
following the Effective Date of the Consent
Decree and ending with the month following
EPA’s issuance of a Certificate of Completion

7.5

Meeting Decisions

5 working days following meeting

8.1.1

General Project Schedule

120 days after Effective Date

Site Management Plan – Draft

120 days after Effective Date

Site Management Plan – Final

30 days after receipt of EPA comments

8.1.3

Health and Safety Plan

60 days after Effective Date

8.1.4

Sampling and Analysis Plan – Draft

As EPA determines necessary

Sampling and Analysis Plan – Final

30 days after receipt of EPA comments

Data Management Plan – Draft

120 days after Effective Date

Data Management Plan - Final

30 days after receipt of EPA comments

Contingency Plan – Draft

90 days after Effective Date

Contingency Plan – Final

30 days after receipt of EPA comments

9.1.1

Pre-Final Design for the Pilot Project

9.1.2

Final Design for the Pilot Project - Draft

Within 60 days after receipt of EPA’s
comments on the “Tailing Facility Dam 1
Grading Final Design Report,” submitted under
Section 6.12.5 of the Early Design AOC, or 60
days after lodging of the Consent Decree
Within 30 days after receipt of EPA’s
comments on the pre-final design

8.1.2

8.1.5

8.1.6

SOW
Section

Deliverable

Due Date

Final Design for the Pilot Project - Final

Within 30 days after receipt of EPA’s
comments on the Final Design for the Pilot
Project - Draft

9.1.3

Update Overall Site Plan

Within 30 days after receipt of EPA’s written
acceptance of the Pilot Project Final Design

9.1.5(B)

Advance Notice of Start of Construction

10-days prior to the start of the Pilot Project
field activities

9.1.5(G)

Pre-final construction inspection report

Within 30 days after conducting the pre-final
construction inspection

9.1.5(I)

Notification that all Pilot Project field construction
activities have been completed

Within 14 days of the final construction
inspection

9.1.5(J)

Final Tailing Facility Cover Demonstration Pilot
Project Construction Completion Report - Draft

Within 30 days after the final construction
inspection,

Final Tailing Facility Cover Demonstration Pilot
Project Construction Completion Report - Draft

Within 30 days after receipt of EPA comments

9.1.6(D)

Quarterly Inspection Report

Within 30 days after each inspection

9.1.6(E)

Annual Monitoring and Assessment Report for the
Tailing Facility Cover Demonstration Pilot Project

No later than one year following CMI’s
notification pursuant to Section 9.1.5(I)

Annual Monitoring and Assessment Report for the
Tailing Facility Cover Demonstration Pilot Project Revised

Within 30 days after receipt of EPA comments

Tailing Facility Cover Demonstration Pilot Project
Completion Report

No later than six years following CMI’s
notification pursuant to Section 9.1.5(I)

Tailing Facility Cover Demonstration Pilot Project
Completion Report - Revised

Within 30 days after receipt of EPA comments

9.2.1

Pre-final Remedial Design for Installation and
Operation of Tailing Facility Groundwater
Extraction Well System

In accordance with any plan and schedule
approved by EPA under Section 5.2.4

9.2.1(B)

Respond to comments on the Pre-final RD

Within the timeframe specified in the approved
plan under Section 5.2.4

9.2.2

Final Remedial Design for the Installation and
Operation of Tailing Facility Groundwater
Extraction Well System

Within 45 days after receipt of EPA comments
on the Pre-Final RD

9.2.2(B)

Final Remedial Design for the Installation and
Operation of Tailing Facility Groundwater
Extraction Well System – Final

Within 45 days of any final design review
meeting that is needed

9.1.6(G)

2

SOW
Section

Deliverable

Due Date

10.1.3(A)

RA Project Work Plan - Mine Site Groundwater
Extraction System

Within 60 days after receiving EPA’s written
approval of each Final RD, or within 60 days
after the Effective Date, whichever is later

10.1.3(B)

RA Project Work Plan - Upgrade Tailing Facility
Seepage Interception Systems

Within 60 days after receiving EPA’s written
approval of each Final RD, or within 60 days
after the Effective Date, whichever is later

10.1.3(C)

RA Project Work Plan - Install and Operate Tailing
Facility Groundwater Extraction Well System (if
required)

Within 60 days after receiving EPA’s written
approval of each Final RD, or within 60 days
after the Effective Date, whichever is later

10.1.5

Revised RA Project Work Plans

Within 30 days of receipt of EPA’s comments

10.1.6

Review/Update Site-wide Plans

Within 60 days after receiving EPA’s written
acceptance of each individual Final RD

10.2.2

Advance Notice of Start of Construction

14-days prior to the start of all field
construction activities

10.2.4(A)

Pre-final Construction Inspection Report

Within twenty one (21) days after conducting a
pre-final construction inspection

10.2.4(C)

Notification that all field construction activities have
been completed

within 14 days of the final construction
inspection

10.2.4(E)

RA Project Construction Completion Report

Within 60 days after completion of the
shakedown period

10.2.4(F)

Final RA Project Construction Completion Report

Within 30 days after receipt of EPA comments
on each draft RA Project Construction
Completion Report

10.2.5

RA Project Construction Completion Report - Mine
Site Area Water Treatment Plant (Draft)

CMI has completed construction of the new
Mine Site Area Water Treatment Plant and
concluded the initial shakedown period, or
within 30 days of the Effective Date of this
Consent Decree, whichever is later

Final RA Project Construction Completion Report
for the Mine Site Water Treatment Plant

Within 30 days after receipt of EPA comments
on the draft RA Project Construction
Completion Report

RA Project Construction Completion Report Surface Based Mine Dewatering System (Draft)

Within 60 days after completion of the
shakedown period.

10.2.6

Note: EPA may determine that the Final Pilot SurfaceBased Mine Dewatering System Construction Completion
Report submitted under Section 6.11.3.1.10 of Revision 3
of the Early Design SOW satisfies all the requirements of
Section 10.2.4(E) and Section 10.2.6 of this SOW

3

SOW
Section

Deliverable

Due Date

Final RA Project Construction Completion Report
for the Surface-Based Mine Dewatering System

Within 30 days after receipt of EPA comments
on the draft RA Project Construction
Completion Report (if required)

10.2.7(B)

RA Project Construction Completion Report Dry/Maintenance Area Soil Excavation RA Project

Ninety (90) days after the Effective Date

10.2.7(C)

Final RA Project Completion Report for the
Dry/Maintenance Area Soil Excavation

Within 30 days after receipt of EPA comments
on the draft RA Project Completion Report

10.2.8(B)

Monitoring Report - Mine Site Groundwater
Extraction System

RA Project has been fully performed and the
pertinent Performance Standards have been
achieved

10.2.8(B)

Monitoring Report - Tailing Facility Seepage
Barrier Upgrade

RA Project has been fully performed and the
pertinent Performance Standards have been
achieved

10.2.8(B)

Monitoring Report - Tailing Facility Groundwater
Extraction System

RA Project has been fully performed and the
pertinent Performance Standards have been
achieved

10.3.1(A)

O&M Plan and O&M Manual for the Mine Site Area
Water Treatment Plant

Within 30 days of the Effective Date of this
Consent Decree, or November 30, 2016,
whichever is later

O&M Plan and O&M Manual for the Mine Site Area
Water Treatment Plant - Revised

Within 30 days after receipt of EPA’s
comments

10.3.1(B)

Surface-based Mine Dewatering System O&M
Plan and O&M Manual

Within 30 days of EPA’s approval of the Pilot
Surface-based Mine Dewatering System
Completion Report, submitted pursuant to
SOW Section 6.11.3.2.6 of Revision 3 of the
Early Design SOW

10.3.2(A)

Mine Site Performance Monitoring Plan

Within 60 days of the Effective Date

Mine Site Performance Monitoring Plan (Revision)

Within 30 days after receipt of EPA’s
comments

Tailing Facility Performance Monitoring Plan

Within 60 days of the Effective Date

Tailing Facility Performance Monitoring Plan Revised

Within 30 days after receipt of EPA’s
comments

Tailing Dams Monitoring and Maintenance Plan

Within 90 days of the effective date,

Tailing Dams Monitoring and Maintenance Plan Revised

Within 30 days after receipt of EPA’s
comments

10.3.2(B)

10.3.2(C)

4

SOW
Section

Deliverable

Due Date

10.3.6

Annual RA Effectiveness Report

No later than one year after the effective date,
and annually thereafter

Annual RA Effectiveness Report – Revised

Within 30 days after receipt of EPA comments

5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
________________________________________

)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
CHEVRON MINING INC.,
)
)
Defendant.
)
________________________________________)
UNITED STATES OF AMERICA,
STATE OF NEW MEXICO, and
NEW MEXICO ENVIRONMENT
DEPARTMENT,

16-904 WPL/SCY
Civil Action No. __________

APPENDIX B TO THE FIRST PARTIAL CONSENT DECREE:
CORPORATE GUARANTEE FOR CERCLA WORK

Appendix B to the First Partial Consent Decree in
U.S., State of New Mexico, and NMED v. Chevron Mining Inc.

CORPORATE GUARANTEE FOR CERCLA WORK
Guarantee made this [insert date] by Chevron Corporation, a business corporation organized
under the laws of the State of Delaware (“Guarantor”). This Guarantee is made to the United
States Environmental Protection Agency (“EPA”) on behalf of Chevron Mining Inc. (“Settling
Defendant”) of 6001 Bollinger Canyon Road, San Ramon, CA 94583, which is our subsidiary,
an entity with which Guarantor has a substantial business relationship as defined in 40 C.F.R. §
264.141(h).
RECITALS
Whereas, under a Partial Consent Decree, dated [insert date], civil action number _____,
(hereinafter, the “Settlement Agreement”), between Settling Defendant and the U.S.
Environmental Protection Agency (“EPA”) and the State of New Mexico, through the Energy,
Minerals and Natural Resources Department (“EMNRD”) and the New Mexico Environment
Department (“NMED”), relating to the Chevron Questa Mine Superfund Site (“Site”), entered
pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), 42 U.S.C. §§ 9601-9675, Settling Defendant is required to perform the
“Work” as defined in the Settlement Agreement (hereinafter, the “Work”) and to fulfill its other
obligations as set forth therein.
Whereas, the Settlement Agreement requires Settling Defendant to provide financial assurance to
EPA to ensure completion of the Work at the Site.
Whereas, in order to provide part or all of such financial assurance required by the Settlement
Agreement, Settling Defendant has agreed to provide EPA and the State of New Mexico, through
EMNRD and NMED, with a guarantee, issued by Guarantor, of Settling Defendant’s obligations
arising under the Settlement Agreement, all as set forth more fully in this Guarantee.
Whereas, Guarantor meets or exceeds the financial test criteria as specified in the Settlement
Agreement and attached as Exhibits A and B and agrees to comply with the reporting and
notification requirements for guarantors as specified in the Settlement Agreement and this
Guarantee.
AGREEMENT
1.
For value received from Settling Defendant, Guarantor guarantees to EPA, EMNRD and
NMED that, in the event that Settling Defendant fails to pay for or perform the Work as required
by the Settlement Agreement, Guarantor shall do so or immediately, upon written demand from
EPA, deposit into an account specified by EPA, in immediately available funds and without
setoff, counterclaim, or condition of any kind, a cash amount up to but not exceeding the
estimated cost of the remaining Work to be performed as of such date, as determined by EPA.
2.
For so long as this Guarantee is in effect, within 90 days after the close of each fiscal year
of Guarantor, Guarantor shall submit to EPA, EMNRD and NMED (a) a letter signed by
Guarantor’s chief financial officer certifying Guarantor’s compliance with the financial test
Page 1 of 5

Appendix B to the First Partial Consent Decree in
U.S., State of New Mexico, and NMED v. Chevron Mining Inc.

criteria set forth in the Settlement Agreement’s financial assurance section; (b) a copy of
Guarantor’s audited financial statements for its latest completed fiscal year, and a copy of
Guarantor’s independent certified public accountant’s report on examination of such financial
statements, which report on examination shall be unqualified or, if qualified, shall have been
approved in writing by EPA; and (c) a special report from Guarantor’s independent certified
public accountant to Guarantor attesting to Guarantor’s compliance with the financial test criteria
set forth in the Settlement Agreement’s financial assurance section.
3.
Guarantor agrees that if, at the end of any fiscal year before termination of this Guarantee,
Guarantor fails to meet the financial test criteria set forth in the Settlement Agreement, Guarantor
shall send, within 90 days, by certified mail, notice to EPA, EMNRD, NMED and to Settling
Defendant that Guarantor intends to provide alternative financial assurance as specified in the
Settlement Agreement in the name of Settling Defendant. Within 120 days after the end of such
fiscal year, Guarantor shall establish such financial assurance unless Setting Defendant has done
so.
4.
Guarantor agrees to notify EPA, by certified mail, of a voluntary or involuntary
proceeding under Title 11 (Bankruptcy), U.S. Code, naming Guarantor as debtor, within 10 days
after commencement of the proceeding.
5.
Guarantor agrees that, within 30 days after being notified by EPA of a determination that
Guarantor no longer meets the financial test criteria set forth in the Settlement Agreement or that
Guarantor is disallowed from continuing as a guarantor, Guarantor shall establish alternative
financial assurance as specified in the Settlement Agreement, as applicable, in the name of
Settling Defendant unless Settling Defendant has done so.
6.
Guarantor agrees to remain bound under this Guarantee notwithstanding any or all of the
following: amendment or modification of the Settlement Agreement or any documents,
instruments or agreements executed in connection therewith, the extension or reduction of the
time of performance of the Work required by the Settlement Agreement, or any other
modification or alteration of an obligation of Settling Defendant pursuant to the Settlement
Agreement.
7.
Guarantor agrees to remain bound under this guarantee for as long as Settling Defendant
must comply with the applicable financial assurance requirements of the Settlement Agreement,
except as provided in paragraph 8 of this Guarantee.
8.
Guarantor may terminate this Guarantee by sending notice, by certified mail, to EPA,
EMNRD, NMED and to Settling Defendant, provided that this Guarantee may not be terminated
unless and until Settling Defendant obtains, and EPA, EMNRD and NMED approves, alternative
financial assurance as specified in the Settlement Agreement.
9.
Guarantor agrees that if Settling Defendant fails to provide alternative financial assurance
as specified in the Settlement Agreement and obtain written approval of such assurance from
EPA within 90 days after a notice of cancellation by Guarantor is received by EPA from
Guarantor, Guarantor shall provide such alternative financial assurance in the name of Settling
Page 2 of 5

Appendix B to the First Partial Consent Decree in
U.S., State of New Mexico, and NMED v. Chevron Mining Inc.

Defendant.
10.
Guarantor expressly waives notice of acceptance of this Guarantee by EPA or by Settling
Defendant. Guarantor also expressly waives notice of amendments or modifications of the
Settlement Agreement or any documents, instruments or agreements executed in connection
therewith.
11.
All notices, elections, approvals, demands, and requests required or permitted hereunder
shall be given in writing to (unless updated from time to time) the following:
If to Guarantor:
c/o Robert A. Malinoski
Senior Counsel
Environmental & Safety Law Group
Chevron U.S.A. Inc.
1400 Smith Street, 5th Floor
Houston, TX 77002
Tel: [phone]
Fax: [phone]
Email: [e-mail]
If to Settling Defendant:
Michael D. Coats
Project Manager
Chevron Environmental Management Company
469 354 State Rd 38
Questa, NM 87556
Tel: [phone]
Email: [e-mail]
If to EPA:
Chief, Enforcement Assessment Section (6SF-TE)
Superfund Division
U.S. EPA Region 6
1445 Ross Avenue, Suite 1200
Dallas, Texas 75202

Page 3 of 5

Appendix B to the First Partial Consent Decree in
U.S., State of New Mexico, and NMED v. Chevron Mining Inc.

and
If to State of New Mexico:
Division Director
Water Protection Division
New Mexico Environment Department
1190 St. Francis Dr.
P.O. Box 5469
Santa Fe, NM 87502-5469
Division Director
Mining and Minerals Division
Energy, Minerals and Natural Resources Department
1220 South St. Francis Dr.
Santa Fe, NM 87505

Page 4 of 5

Appendix B to the First Partial Consent Decree in
U.S., State of New Mexico, and NMED v. Chevron Mining Inc.

IN WITNESS WHEREOF, the parties hereto, by their authorized representatives duly
authorized, intending to be legally bound, have caused this Guarantee to be duly executed and
delivered as of the date first above written.

Name of Guarantor:

Authorized signature for guarantor:
Name of person signing:
Title of person signing:
Contact information for signatory:
State of [insert state] County of [insert county]
On [insert date], before me, [insert name of Guarantor’s signatory], A Notary Public,
personally appeared [insert name of Guarantor], who proved to me on the basis of satisfactory
evidence to the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the person(s), or the entity on behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.

[Signature of Notary Public]

Page 5 of 5