Local Government Acquires Property from Potentially Responsible Parties and Agrees to Support Cleanup in Mineral County, Colorado
On September 13 2023, the U.S. Environmental Protection Agency (EPA) signed an agreement alongside the U.S. Department of Justice (DOJ) and the state of Colorado, with Commodore Mining Company, Del Monte Mining Company, Kanawha Mines, LLC, and Mineral County Colorado at the Nelson Tunnel/Commodore Waste Rock Superfund site in Mineral County, Colorado. The agreement provides for the waiver of state and federal “takings” claims associated with a water right at the site. In addition, the properties owned by the potentially responsible parties (PRPs) within and near the site will transfer to a local government that agreed to support cleanup activities.
On this page:
- Information about the Commodore Mining Company, Del Monte Mining Company, and Kanawha Mines, LLC
- Information about the Nelson Tunnel/Commodore Waste Rock Superfund Site
- Overview of the Administrative Settlement Agreement
- Contact Information
Information about Commodore Mining Company, Del Monte Mining Company, Kanawha Mines, LLC, and Mineral County
Under the agreement, two of the PRPs, Commodore Mining Company and Del Monte Mining Company, will donate 100% and 75%, respectively, of their properties to Mineral County, which will acquire the properties as a bona fide prospective purchaser (BFPP). The third PRP, Kanawha Mines, LLC, will retain its property but waive its right to certain claims under state and federal law concerning its water right at the site. The County will also maintain a county ordinance to protect the site and surrounding areas from mine-impacted contamination. The estimated value of Mineral County's contributions is $2,025,000.
Information about the Nelson Tunnel/Commodore Waste Rock Superfund Site
The Nelson Tunnel/Commodore Waste Rock Superfund site is located in Mineral County near the town of Creede, Colorado. The site has two operable units (OUs). OU1 is the Commodore Waste Rock Pile and OU2 is the Nelson Tunnel and its draining adit. The site was listed on the National Priorities List (NPL) in 2008. Historically, mining of silver, lead, and zinc provided economic benefits to the area in and around the Creede mining district, but left contamination. Contaminants of concern are cadmium and zinc. Metal concentrations in Willow Creek exceed the State of Colorado surface water quality standards. Several sources other than the Nelson Tunnel discharge may be contributing metal loads to West Willow and Willow creeks, including the Commodore Waste Rock Pile, sources on East Willow Creek and other tailings in the floodplain south of Creede. These contaminants eventually reach the Rio Grande River, a state-designated Gold Medal fishery.
EPA conducted a removal action to stabilize the Commodore Waste Rock Pile between 2008-2010 and is currently in the remedial design phase, that is installing a flow-through bulkhead in the Nelson Tunnel to prevent sudden, large releases of contaminated water. Concurrently, EPA is working with the State of Colorado and the U.S. Forest Service on sampling and studies for the final remedial action at the site. For more information, please visit the Superfund site’s profile web page.
Overview of the Administrative Settlement Agreement
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, commonly known as Superfund) liability protection was given to Mineral County under the agreement. Mineral County will provide for site security, maintenance of the site access road, and staging of response equipment at the transferred properties that intersect with the site to support EPA’s implementation of the remedy. Mineral County will also maintain a county ordinance to protect the site and surrounding areas from mine-impacted contamination. In addition, the County will use profits derived from selling any interest in any of these properties to stabilize and preserve historical mining structures in and around the site that are listed on the National Register of Historic Places.
Contact Information
For more information contact:
Erin Agee
Assistant Regional Counsel
U.S. EPA
Region 8
1595 Wynkoop Street Denver, CO 80202
(303) 312–6374
[email protected]