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Montana Natural Resource Damage Program Summary Prepared for Butte-Silver Bow Council of Commissioners By Padraig Cunneen October 15, 2014 ---PAGE BREAK--- Groundwater Injury - Butte and Anaconda Area and Milltown (Near Missoula) Aquatic Injury – Silver Bow Creek and Clark Fork River injury to water quality, fish, insects, and stream sediments Terrestrial Injury – Uplands, Silver Bow Creek, Clark Fork River, Opportunity Ponds injury to soils, vegetation, and wildlife Injuries to Natural Resources in Upper Clark Fork River Basin ---PAGE BREAK--- Upper Clark Fork River Basin ---PAGE BREAK--- Montana Received $230 Million $15 M for Assessment and Litigation costs $127 M for damages M in real property along Silver Bow Creek Plus $86 M for Silver Bow Creek Remedy Total: $230 Million Settled 6 of 9 natural resource claims Settled all compensable claims Did not settle restoration claims for 3 sites Montana v. ARCO Consent Decree 1999 ---PAGE BREAK--- 10 Grant Cycles 2000 - 2010 73 Large Grants approved for $120 Million Anaconda-Deer Lodge = 17 for $23.7 M Granite = 9 for $1.2 M Missoula = 10 for $7.5 M Powell = 14 for $20.8 M Butte-Silver Bow = 23 for $66.3 M ---PAGE BREAK--- Grant Projects in Silver Bow County 2001–10: Butte Water Lines = $17.4 M 2001–10: Silver Bow Creek Greenway = $23.6 M 2002–05: German Gulch Watershed = $926 K 2003: Basin Creek Dam = $503 K 2003–05: Duhame Acquisition = $1.67 M 2004: High Service Tank = $1.19 M 2004–05: Big Butte Acquisition = $688 K 2007–10: Big Hole Transmission Line = $8.72 M 2007: Thompson Park = $988 K 2008: Big Hole Dam = $3.71 M 2008–10: Children’s Fishing Pond = $1.23 M 2010: Big Hole Pump Station = $3.50 M ---PAGE BREAK--- 2012 UCFRB Restoration Plan Groundwater = $40 M Anaconda-Deer Lodge = $10 M Butte-Silver Bow = $30 M Aquatics = $40 M Flow = $20 M Tributary Restoration = $20 M Blacktail Creek = $957 K Browns Gulch = $773 K German Gulch = $429 K Silver Bow Creek = $250 K Terrestrial = $18 M Recreation = $6.5 M ---PAGE BREAK--- Butte Groundwater Restoration Plans 2012 Master Plan for $6 M: Complete Big Hole Transmission Line 2013 Master Plan for $24.1 M: Basin Creek Water Treatment Plant = $20 M Telemetry and Controls = $467 K CO2 Feed at Big Hole WTP = $182 K VFD and Soft Starts at Big Hole WTP = $275 K Basin Creek-Colorado Hill Pump Station = $1.59 M Water Meters = $1.59 M 6 Other Components if funds available = $8.3 M ---PAGE BREAK--- Montana v. ARCO 2008 Consent Decree Montana Received $72.5 Million in Oct. 2008 $4.5 M for Assessment and Litigation costs $68.0 M for Natural Resource Damages $26.7 M for Clark Fork River 13.3 M for Smelter Hill Uplands $28.0 M for Butte Area One Plus $96.5 M for Clark Fork River Remedy Total: $169 Million ---PAGE BREAK--- Butte Area One ---PAGE BREAK--- 1903 USGS – “Weed” Map ---PAGE BREAK--- Butte Area One in 1955 MDT aerial photo ---PAGE BREAK--- BNRC Actions Butte Area One Injury Investigations Developed BAO Process Plan 9 Legal Criteria – Superfund Law 8 Policy Criteria – BNRC Derived Developed BAO Restoration Plan with Public Participation: 50+ BNRC Public Meetings Public Workshops and Media Blitz for Idea Solicitation Received 100 completed suggestion forms BAO Restoration Plan Approved by Governor 1-3-13 ---PAGE BREAK--- Butte Area One BNRC Recommendation Summary Project Category Category Allocation Total Upper SBC Corridor Restoration 10,000,000 Mine Cap Improvements/Reveg 6,000,000 Stream Restoration 4,000,000 Water System Improvements 10,000,000 Storm Water 0 Recreation 1,000,000 Small/Miscellaneous Projects 1,000,000 Total 32,000,000 ---PAGE BREAK--- Potential Removal Sites Confluence Consulting 2014 ---PAGE BREAK--- Parrot Smelter CIRCA 1906 From Magone v. Anaconda Copper Co. ---PAGE BREAK--- Parrot Sample Locations Confluence Consulting 2014 ---PAGE BREAK--- Water Comparison Drinking Water---Berkeley Pit---Parrot Tailings UNITS = (ug/l) As Cd Cu Pb Zn Drinking Water Standard 10 5 1,300 15 5,000 Berkeley Pit Water (3/14/09) 80 1,833 71,174 19 551,154 Well GS-41S Water (8/17/09) 103 4,060 1,005,218 93 483,891 ---PAGE BREAK--- Diggings East and Northside Tailings April 13, 2014 Photo by Walter Hinick The Montana Standard ---PAGE BREAK--- Diggings East/Northside Sample Locations ---PAGE BREAK--- Blacktail Berm – Sample Locations Confluence Consulting 2014 ---PAGE BREAK--- Potential Excavation Areas Parrot Tailings – 33 acres Northside Tailings – 5.5 acres Diggings East – 24 acres Blacktail Berm – 1.2 acres Total potential excavation area = 65 acres ---PAGE BREAK--- Estimated Removal Quantities/Cost Parrot Overburden = 675,000 cubic yards Parrot Tailings/Soil = 270,000 cubic yards Northside Tailings/Soil = 32,000 cubic yards Diggings East Landfill Material = 182,000 cubic yards Diggings East Tailings/Soil = 163,000 cubic yards Blacktail Berm = 35,000 cubic yards Total off-site removals = 700,000 – 800,000 cy Or 26 to 30 “Finlens” Total Estimated Cost = $30 M ---PAGE BREAK--- Metals Left-in-Place Mass of Copper = 15.3 Million pounds Mass of Zinc = 24.5 Million pounds How long will it take to clean it up if left? MSD sub-drain collects contaminated alluvial groundwater and BTL treats @ 20 pounds of Copper per day So: 15,300,000 / 20 = 765,000 days = ? over 2,000 years = 40 generations or perhaps just 1 PERPETUITY! ---PAGE BREAK--- per·pe·tu·i·ty (noun) the state of continuing forever or for a very long time A perpetuity is an annuity that has no end, or a stream of cash payments that continues forever. There are few actual perpetuities in existence (the UK government has issued them in the past; these are known and still trade as consols). (from Merriam-Webster Online) ---PAGE BREAK--- Upcoming BNRC Meetings Butte Area One Conceptual Restoration Plan on Thursday Oct. 23 at 6:00 PM at the LaQuinta Conference Room Small Projects Workshop on Tuesday Oct. 28 at 6:00 PM at the BSB Archives ---PAGE BREAK--- Any Questions??