MEMORANDurv. To: Board of County 9Jmmissioners J Cc: Connie HuntJ-ffi\nnah Hollenbe~. " From: Marti Whitmore, County Allorney~ 1)'l1'V Date: March 16,2016 Re: Pat Willits ~ Conservation Trust Properties

Per the discussion at Call to the Public yesterday, I am enclosing the Phase I Environmental Site Assessment for the properties Pat referenced, along with the proposed Quit Claim Deed.

Please let Connie or me know how/when to agenda this. To be transmitted by e-mail.

Attachment 2

QUITCLAIM DEED

THIS DEED, made this _____ day of ______, 2016, between Greenfield Environmental Multistate Trust LLC, not individually but solely in its representative capacity as Trustee of the Multistate Environmental Response Trust, whose address is 1928 Eagle Crest Drive, Draper, Utah 84020, hereinafter called “Grantor”, and the County of Ouray, , hereinafter called “Grantee”.

WITNESSETH, that the Grantor, for and in consideration of the sum of Thirty-Thousand, Six- Hundred and Eighty-Nine DOLLARS ($30,689.00) paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby remise, release, and quitclaim unto the Grantee, its successors and assigns, all its right, title, interest, and claim, in and to the patented mining claims and related real property described below situated in the County of Ouray, State of Colorado (the “Property”). The Property is being transferred “as is, where is” and with all faults. Grantor makes no representations, warranties or guaranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, title, habitability or fitness for a particular purpose, each of which are hereby expressly disclaimed.

The claims are within Township 42 North and Range 7 West, New Mexico Principal Meridian, within the Red Mountain Mining District, County of Ouray, State of Colorado.

Individual Claims

Little Mona, U.S.M.S 4639

Mona’s Queen, U.S.M.S 4639

The patented mining claims herein conveyed contain a total of 15.34 acres, more or less.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, and benefit of Grantee and Grantee’s successors and assigns, forever.

Release. Grantee, for Grantee and Grantee’s successors and assigns, including, without limitation, each present and future fee owner, ground lessee, and tenant of all or any portion of the Property (collectively, “Grantee Parties”), to the extent permitted by law, hereby releases, remises and forever discharges Grantor, Greenfield Environmental Multistate Trust LLC (both in its individual capacity and in its representative capacity as the Trustee of the Trust), Greenfield Environmental Trust Group, Inc. (and each of their respective officers, directors, shareholders,

partners, employees, members, agents and representatives), the United States of America and the State in which the Property is located (and their respective agencies and departments), and the respective officers, directors, shareholders, partners, employees, members, agents, representatives, successors, and assigns of each of them (collectively, the “Grantor Parties”) from and against, and irrevocably and unconditionally waive, all Claims (as defined below) and liability against the Grantor Parties for or attributable to any and all losses, costs, claims, liabilities, expenses, demands, fees or obligations of any kind or nature whatsoever, whether known or unknown and foreseen or unforeseen, attributable to the environmental condition of the Property, whether arising or accruing before, on or after the date hereof, and whether attributable to events or circumstances which have heretofore or may hereafter occur, including all losses, costs, claims, liabilities, expenses, demands, fees and obligations relating to the presence, discovery, release or removal of any Hazardous Substances (as defined below) in, at, under or about the Property. “Claim,” as used herein, means all demands, actions, causes of action, suits, proceedings, covenants, contracts, agreements, damages, claims, counterclaims, third-party claims, cross claims, contribution claims, indemnity claims, executions, judgments, losses, penalties, obligations and liabilities whatsoever, of every name, kind, type, nature or description, in law or in equity, arising under federal, state or local law or other statute, law, regulation or rule of any kind, whether known, unknown, direct, indirect, absolute, contingent, disclosed, undisclosed or capable or incapable of detection. “Hazardous Substances” means any hazardous waste, hazardous substance or material, as defined under any Environmental Law (as defined below) or any pollutant, contaminant, radioactive or biological material or waste, or petroleum or petroleum related products or waste. “Environmental Law” means any past, present, or future federal, state, or local laws, statutes, ordinances, regulations, judgments, and orders and the common law, including the law of strict liability and the law of abnormally dangerous activities, relating to environmental matters, including, without limitation, provisions pertaining to or regulating air pollution, water pollution, noise control, wetlands, watercourses, wildlife, Hazardous Substances, or any other activities or conditions which impact or relate to the environment or nature.

Covenant Not to Sue. Grantee, for itself and for each of the other Grantee Parties, agrees that it and they will not institute any action, suit or proceeding, and will not implead, join, seek contribution or indemnification from, or otherwise involve any Grantor Party in any action, suit or proceeding which has been or could be brought by or against any of the Grantee Parties to the extent the same relates to or arises in any way out of the Property.

IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this deed this day of ______, 2015.

GRANTOR:

Greenfield Environmental Multistate Trust LLC, Trustee of the Multistate Environmental Response Trust

2

By: Greenfield Environmental Trust Group, Inc., Member

By: Name: Marc Weinreich Title: Vice President

ACCEPTED AND APPROVED BY GRANTEE, The County of Ouray, Colorado on this ____ day of ______, 2015,

By: ______Name: ______Title: ______

ACKNOWLEDGMENT

STATE OF ______) ) SS: COUNTY OF______)

On this _____ day of ______2015, before me, ______, a Notary Public in and for said State, personally appeared Marc Weinreich, known to me to be the person who executed the foregoing and acknowledged to me that he executed the same as Trustee for the Greenfield Environmental Multistate Trust LLC for the purposes therein stated.

WITNESS my hand and official seal.

Notary Public Signature

My Commission expires: ______

ACKNOWLEDGMENT

STATE OF ______) ) SS: COUNTY OF______)

3

On this _____ day of ______2015, before me, ______, a Notary Public in and for said State, personally appeared ______, known to me to be the person who executed the foregoing and acknowledged to me that he/she/they executed the same on behalf of Grantee for the purposes therein stated in their capacity as ______.

WITNESS my hand and official seal.

Notary Public Signature

My Commission expires: ______

4

To be ImllJlllifled 0' e·",ail.

Attachment 2

QUITCLAIM DEED

THIS DEED, made this __ day of , 201~Q, between Greenfield Environmental MuItistate Trust LLC, not individually but solely in its representative capacity as Trustee of the Multistate Environmental Response Trust, whose address is 1928 Eagle Crest Drive, Draper, Utah 84020, hereinafter called "Grantor", and lfie-Ouray County Iliiilorical Society, lAC., hereinafter called "Grantee".

WITNESSETH, that the Grantor, for and in consideration of the sum of Thirty-Thousand, Six­ Hundred and Eighty-Nine DOLLARS ($30,689.00) paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby remise, release, and quitclaim unto the Grantee, its successors and assigns, all its right, title, interest, and claim, in and to the patented mining claims and related real property described below situated in the County of Ouray, State of Colorado (the "Property"). The Property is being transferred "as is, where is" and with all faults. Grantor makes no representations, warranties or guaranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, title, habitability or fitness for a particular purpose, each of which are hereby expressly disclaimed.

The claims are within Township 42 North and Range 7 West, New Mexico Principal Meridian, within the Red Mountain Mining District, County of Ouray, State of Colorado.

Individual Claims

Little Mona. U.S.M.S 4639 Mona's Oueen. U.S.M.S 4639 I The patented mining claims herein conveyed contain a total of 15.34 acres, more or less.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, and benefit of Grantee and Grantee's successors and assigns, forever.

Release. Grantee, for Grantee and Grantee's successors and assigns, including, without limitation, each present and future fee owner, ground lessee, and tenant of all or any portion of the Property (collectively, "Grantee Parties") hereby releases, remises and forever discharges Grantor, Greenfield Environmental Multistate Trust LLC (both in its individual capacity and in its representative capacity as the Trustee of the Trust), Greenfield Environmental Trust Group, Inc. (and each of their respective officers, directors, shareholders, partners, employees, members, agents and representatives), the United States of America and the State in which the Property is located (and their respective agencies and departments), and the respective officers, directors, shareholders, partners, employees, members, agents, representatives, successors, and assigns of each of them (collectively, the "Grantor Parties") from and against, and irrevocably and unconditionally waive, all Claims (as defined below) and liability against the Grantor Parties for or attributable to any and all losses, costs, claims, liabilities, expenses, demands, fees or obligations of any kind or nature whatsoever, whether known or unknown and foreseen or unforeseen, attributable to the environmental condition of the Property, whether arising or accruing before, on or after the date hereof, and whether attributable to events or circumstances which have heretofore or may hereafter occur, including all losses, costs, claims, liabilities, expenses, demands, fees and obligations relating to the presence, discovery, release or removal of any Hazardous Substances (as defined below) in, at, under or about the Property. "Claim," as used herein, means all demands, actions, causes of action, suits, proceedings, covenants, contracts, agreements, damages, claims, counterclaims, third-party claims, cross claims, contribution claims, indemnity claims, executions, judgments, losses, penalties, obligations and liabilities whatsoever, of every name, kind, type, nature or description, in law or in equity, arising under federal, state or local law or other statute, law, regulation or rule of any kind, whether known, unknown, direct, indirect, absolute, contingent, disclosed, undisclosed or capable or incapable of detection. "Hazardous Substances" means any hazardous waste, hazardous substance or material, a<; defined under any Environmental Law (as defined below) or any pollutant, contaminant, radioactive or biological material or waste, or petroleum or petroleum related products or waste. "Environmental Law" means any past, present, or future federal, state, or local laws, statutes, ordinances, regulations, judgments, and orders and the common law, including the law of strict liability and the law of abnormally dangerous activities, relating to environmental matters, including, without limitation, provisions pertaining to or regulating air pollution, water pollution, noise control, wetlands, watercourses, wildlife, Hazardous Substances, or any other activities or conditions which impact or relate to the environment or nature.

Covenant Not to Sue. Grantee, for itself and for each of the other Grantee Parties, agrees that it and they will not institute any action, suit or proceeding, and will not implead, join. seek contribution or indemnification from. or otherwise involve any Grantor Party in any action, suit or proceeding which has been or could be brought by or against any of the Grantee Parties to the extent the same relates to or arises in any way out of the Property.

IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this deed this __ day of , 2015.

GRANTOR:

Greenfield Environmental Multistate Trust LLC. Trustee of the Multistate Environmental Response Trust

2

By: Greenfield Environmental Trust Group, Inc., Member

By: __~ __~ __~ ______Name: Marc Weinreich Title: Vice President

ACCEPTED AND APPROVED BY GRANTEE, +fie..Ouray County Hi!,te ricul Seciel-y on thi~ ___ day of , 2015,

By: ______Namc: ______Title: ______

ACKNOWLEDGMENT

STATEOF ______) ) SS: COUNTY OF______)

On this __ day of 2015, before me, , a Notary Public in and for said State, personally appeared Marc Weinreich, known to me to be the person who executed the foregoing and acknowledged to me that he executed the same as Trustee for the Greenfield Environmental Multistate Trust LLC for the purposes therein stated.

WITNESS my hand and official ~eal.

Notary Public Signature

My Commission expires: ______

ACKNOWLEDGMENT

STATEOF ______SS: COUNTY OF______

3

On this __ day of 2015, before me, , a Notary Public in and for said State, personally appeared , known to me to be the person who executed the foregoing and acknowledged to me that he/she/they executed the same on behalf of Grantee for the purposes therein stated in their capacity as

WITNESS my hand and official seal.

Notary Public Signature

My Commission expires: ______

4

, I

ASTM E1527 PHASE I ENVIRONMENTAL SITE ASSESSMENT Tronox Mining Claims Ouray County, Colorado

Prepared for The Trust for Land Restoration Post Office Box 743 Ridgway, Colorado 81432-0743

Prepared by Rare Earth Science, LLC Post Office Box 222 Gunnison, Colorado 81230-0222

January 2015 \ '

CONTENTS

EXECUTIVE SUMMARY ...... 111

1.0 INTRODUCTION ...... 1 1.1 Property Location ...... 1 1.2 Owner. Property Manager. and Occupant Information ...... 2 1.3 Phase I ESA Purpose ...... 2 1.4 Scope of Services ...... 2 1.5 Significant Assumptions ...... 3 1.6 Limitations and Exceptions ...... 3 1.7 User Reliance ...... 3 1.8 Deviations. Data Gaps. and Limiting Conditions ...... 4

2.0 USER-PROVIDED INFORMATION ...... 5 2.1 Title Records ...... 5 2.2 Specialized or Actual Knowledge of the User ...... 5 2.3 Reason for Significantly Lower Purchase Price ...... 5 2.4 Commonly Known or Reasonably Ascertainable Information ...... 5 2.5 Reason for Performing Phase I ESA ...... 5

3.0 RECORDS REVIEW ...... 6 3.1 Physical Setting Sources ...... 6 3.1.1 Topography and Hydrology ...... 6 3.1.2 Soil and Geologic Conditions ...... 6 3.2 Standard Environmental Records Sources ...... 7 3.3 Additional Environmental Records Sources ...... 8 3.4 Historical Use Information on the Site and Surrounding Area ...... 8

4.0 SITE RECONNAISSANCE ...... 12 4.1 Methodology ...... 12 4.2 General Site Setting and Uses ...... 12 4.3 Uses of Adjoining Properties and Surrounding Area ...... 12 4.4 Exterior Observations ...... 12 Northwest Claims ...... 12 South Claims ...... 13 East Claims ...... 13 Other Exterior Observations ...... 14 4.5 Interior Observations ...... 14

5.0 INTERVIEWS ...... 15 5.1 Interviews with Site Owner Representative ...... 15 5.2 Interviews with Others ...... 15

6.0 EVALUATION. ,...... " .... , ...... , ..... , ...... , ...... 16 6.1 Findings ...... 16 6.2 Opinion ...... , ...... 16 6.3 Conclusion ...... ,...... , .. 16

7.0 NON-SCOPE CONSiDERATIONS ...... 18

Rare Earth Science. LLC January 2015 , .

8.0 REFERENCES ...... 19

APPENDICES

A. Site Location Maps and Aerial Photographs B. Environmental Database Search Report C. Site Reconnaissance Photographs D. Preparer's Qualifications

Rare Earth Science LLC January 2015 Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessment

EXECUTIVE SUMMARY

This document presents the results of a Phase I Environmental Site Assessment (ESA) conducted by Rare Earth Science, LLC (Rare Earth), at the request of The Trust for Land Restoration (TLR), for approximately 149 acres of patented mining claims in the Red Mountain District located south-southwest of the City of Ouray in Ouray County (hereafter, "Site"). These 16 mining claims were formerly owned by Tronox Incorporated (Tronox) and are currently held in trust by Greenfield Environmental Multistate Trust LLC.

The purpose of the ESA was to evaluate environmental conditions prior to conveyance of the Site to the U.S. Department of Agriculture-Forest Service (USFS): Uncompahgre National Forest (for 14 claims), and the Ouray County Historical Society (lOCHS] for the remaining two claims). TLR is acling to facilitate the acquisition of and conveyance of these claims on behalf of those entities.

This ESA was perfomned in conformance with the American Society for Testing and Materials (ASTM) E 1527-13 guidance document Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ESA encompassed a review of historical documents and regulatory records, interviews with people familiar with the Site, reconnaissance of the Site and the surrounding area, and preparation of this report summarizing our findings and conclusions.

In the professional opinion of Rare Earth, all appropriate inquiries have been made into the previous uses of the property consistent with good commercial or customary practice in an effort to minimize environmental liability. Based upon the findings of this ESA, recognized environmental conditions (as defined by ASTM) were not identified at the Site. Rather, de minimus conditions were identified due to historic metallic-mineral mining operations at a portion of the Site and nearby lands. These are conditions, also defined by ASTM, that generally do not pose a threat to human health or the environment and generally would not be the subject of an enforcement action if brought to the attention of appropriate govemmental agencies. It is our opinion that no further inquiry is necessary for the Site under the ESA process.

Rare Earth Science, LLC iii January 2015 , Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessment

1.0 INTRODUCTION

1.1 Property Location

The Site includes approximately 149 acres of patented lode mining-claim parcels located roughly 12 miles south-southwest of the City of Ouray (in southernmost Ouray County), in the historic Red Mountain District. Please refer to the location maps and aerial photographs in Appendix A. There is no physical address assigned to the Site; however, the Site includes a portion of Ouray County Tax Parcel Number 4775-082-00-002. The individual mining claims at the Site are identified by the following name, Mineral Survey number, along with a general location and legal description:

CLAIM NAME MINERAL SURVEY NO. GENERAL LOCATION TOWNSHIP

Claims to be transferred to the USFS:

1 Humbolt 1558 W of Corkscrew Gulch 6 42N 7W

2 Sure Enough 18060 W of Corkscrew Gulch 6 42N 7W

3 Sierra Nevada 2207 W of Corkscrew Gulch 6 42N 7W

4 Sl. Brides 2557 E of Corkscrew Gulch 5, 6 42N 7W

5 Vulcan 4548 E of Corkscrew Gulch 5 6. 7. 8 42N 7W

6 Daisy 4548 E of Corkscrew Gulch 56.7. 8 42N 7W

7 Eng~sh Maid 4548 E of Corkscrew Gulch 5.6. 7, 8 42N 7W

8 PaCific 4548 E of Corkscrew Gulch 5, 8 42N 7W

9 Silver Bud 9688 E of Corkscrew Gulch 8 42N 7W

10 Blue Bell 9688 E of Corkscrew Gulch 8 42N 7W

11 Extension 2560 W of Gray Copper Gulch 5 42N 7W

12 Ught 18051 E of Gray Copper Gulch 4, 5 42N 7W

13 Tip Top 18051 E of Gray Copper Gulch 4, 5 42N 7W

14 Mineral Belt 8071 E of Gray Copper Gulch 4 42N 7W

Claims to be transferred to the OCHS:

15 Lillie Mona 4639 W of Corkscrew Gulch 6 42N 7W

16 Mona's Queen 4639 W of Corkscrew Gulch 6 42N 7W

Rare Earth Science, LLC 1 January 2015 , Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

1,2 Owner, Property Manager, and Occupant Information

According to the Ouray County Assessor's Office, the current Site owner is Greenfield Environmental Multistate Trust LLC (Greenfield) with a mailing address of: 44 Shattuck Road, Watertown, Massachusetts 02472. The primary contacts for this ESA project were Marc Weinreich at Greenfield's office in Draper, Utah (617/512-8063) and Pat Willits (970/626-3236) at TLR in Ridgway, Colorado. Greenfield has been the trustee for the Site since February 2011 , following settlement of the Tronox bankruptcy. However, there are no occupants or active mining operations at the Site.

1,3 Phase I ESA Purpose

The purpose of this ESA was to identify recognized environmental conditions and evaluate the likelihood that the Site has been impacted with hazardous materials or petroleum products from activities conducted on or near the Site.

ASTM defines the term recognized environmental conditions as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a properly: due to release to the environment; under conditions indicative of a release to the environment; or under conditions that pose a material threat of a future release to the environment. A recognized environmental condition may include the presence or likely presence of hazardous substances or petroleum products under conditions in compliance with laws. Recognized environmental conditions do not include de minimus conditions, which are conditions that generally do not pose a threat to human health or the environment and generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.

This report includes information gathered from federal, state, and local agencies; interviews with people familiar with the Site and adjoining properties; and a Site visit conducted by a Rare Earth representative.

1,4 Scope of Services

This Phase I ESA evaluates the Site and the adjoining properties. Rare Earth conducted the following tasks to accomplish the project objective:

• Inspected the Site for potential hazardous substances/petroleum products impact;

• Observed the condition of adjoining properties for any visual signs of potential environmental impact to the Site;

• Researched past activities that occurred at the Site and adjoining properties to identify any former operations that may have impacted the Site with hazardous substances or petroleum products;

• Reviewed local published government agency documents and databases to identify any properties within a 1-mile radius of the Site with a reported release of hazardous materials or petroleum products. Rare Earth obtained a government records search report from GeoSearch; and

• Prepared this report with ESA findings, conclusions, and recommendations.

Rare Earth SCience, LLC 2 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

1.5 Significant Assumptions

ESAs provide information regarding the environmental condition of a particular property or facility, This report is a professional opinion and judgment, dependent upon information obtained during the course of performance of the services.

Environmental conditions may exist at the Site that cannot be identified only by visual observation. Where the scope of services is limited to observations made during Site reconnaissance, interviews, and/or review of readily available reports and literature, any conclusions and/or recommendations are necessarily based in part on information supplied by others, the accuracy or sufficiency of which may not be independently reviewed by Rare Earth.

No investigation is thorough enough to exclude the presence of hazardous substances, petroleum products, or contamination resulting from spills of these products at a given site. Therefore, if no hazardous substances or materials or petroleum products are identified during the ESA, such a finding should not be construed as a guarantee of the absence of such materials or contamination due to such materials on the property, but rather should only be considered the result of services performed within the scope, limitations, and cost of the work performed.

1,6 Limitations and Exceptions

The ESA activities were conducted in accordance with current ASTM guidelines (E1527-13) for ESAs, and practices and procedures generally accepted in the consulting engineering field; no other warranty is given or implied by this report. Our professional judgment to assess the potential for contamination is based on limited data.

Any opinions and/or recommendations presented in this report apply to Site conditions existing at the time of performance of services. Rare Earth is unable to report on or accurately predict events that may impact the Site following performance of the described services, whether occurring naturally or caused by external forces. Rare Earth assumes no responsibility for conditions that we were not authorized to investigate, or any recognized environmental conditions identified at the time our services were performed. Rare Earth is not responsible for changes in applicable environmental standards, practices or regulations following performance of services.

Preparation of this ESA did not include the collection or analysis of soil, surface water, groundwater, or air samples. In addition, other environmental issues not included in the ASTM standard (i.e., wetlands, lead in drinking water, cultural and historic resources, mold, etc.) were not included as part of this ESA.

1.7 User Reliance

This document was prepared on behalf of and for the sole use of TLR, the U.S. Department of Agriculture-Forest Service (USFS), and the Ouray County Historical Society (OCHS). No other party should rely on the information contained herein without prior consent of TLR, the USFS, or the OCHS.

Rare Earth Science. LLC 3 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

1.8 Deviations, Data Gaps, and Limiting Conditions

There are no significant data gaps or deviations from ASTM Practice E1527-13 to report during this ESA. And, there were no limiting conditions due to weather, access, or other physical constraints.

Rare Earth Science, LLC 4 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

2,0 USER-PROVIDED INFORMATION

2,1 Title Records

Title work provided by Land Title Guarantee Company (dated December 18, 2014) was reviewed during preparation of this ESA for the Site, No environmental liens or activity and use limitations (AULs) were indicated in the title work.

According to the Ouray County Assessor's Office, Greenfield acquired the Site (along with several additional mining claims in neighboring San Juan County) on February 14, 2011 from Kerr-McGee Operating Company (a .k.a. Tronox). Kerr-McGee apparently acquired individual mining claims over a period of several years (between January 1972 and July 1994) from several former private landowners. There have not been any other recent sales or conveyances that affect the Site.

2,2 Specialized or Actual Knowledge of the User

None indicated for the Site.

2,3 Reason for Significantly Lower Purchase Price

None indicated for the Site.

2,4 Commonly Known or Reasonably Ascertainable Information

None indicated for the Site.

2.5 Reason for Performing Phase I ESA

This Phase I ESA was performed for purposes of evaluating the Site's environmental conditions as part of the proposed package of patented mining claims in Ouray County for eventual transfer to the USFS and OCHS.

Rare Earth Science, LLC 5 January 2015 Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessmenl

3.0 RECORDS REVIEW

3.1 Physical Setting Sources

3.1.1 Topography and Hydrology

The Site's topography is overall steep and rugged, with large areas covered by aspen and coniferous trees along with some open expanses. And, the Site lies oli steep slopes above the Corkscrew Gulch and Gray Copper Gulch drainages, which are both tributaries of Red Mountain Creek located to the north near U.S. Highway 550. According to the 7.5-minute series Ironton, Colorado topographic map (USGS, 1955), the ground surface elevation ranges from a low point of approximately 10,160 feet (on Mona's Queen claim) to a high point of approximately 12,240 feet (on the Silver Bud claim) above mean sea level.

As mentioned above, the principal drainages in the Site vicinity are Corkscrew Gulch, Gray Copper Gulch, and Red Mountain Creek (located about 2,000 feet north, and topographically downgradient, of the Site at its closest point). Red Mountain Creek flows in a general northward direction where it merges with the Uncompahgre River at nearby Uncompahgre Gorge. The only surface-water bodies found at the Site are Corkscrew Gulch, which bisects the far eastern ends of the Humbolt and Little Mona claims; and steep, unnamed, Intermittent drainages that bisect the English Maid and Blue Bell claims, and the Humbolt, Sierra Nevada and Sure Enough claims.

Rare Earth also consulted the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for unincorporated areas of Ouray County on their website (www.fema.gov); however, the Site is not located in an area mapped by FEMA. And, groundwater depth and flow direction information were not available for the Site.

3.1.2 Soil and Geologic Conditions

The Natural Resources Conservation Services' Web Soil Survey of the Ouray Area, Colorado, Parts of Gunnison, Hinsdale, Ouray, San Juan, and San Miguel Counties (http://www.websoilsurvey.nrcs.usda.gov/appD indicates two main soil types at the Site and surrounding area: Cryorthents-Rock outcrop complex, extremely stony (Map Unit 112), 50 to 120 percent slopes; and Cryorthents-Rubble land complex (Map Unit 113), 30 to 75 percent slopes. Both soil units are well-drained, found on mountain slopes and ridges, and consist of slope alluvium or colluvium derived from tuff.

The Site lies in the Southern Rocky Mountains physiographic province, which is characterized by high-elevation peaks and glaciated valleys. The geologic map of the Ironton Quadrangle (USGS, 1964) shows that the Site is chiefly comprised of bedrock Miocene-age Henson and Burns Formations (Map Units Tsh and Tsb), which consist of volcanic flows, breccias, and tuffs. Some surficial areas of the Site are also covered by recent Quaternary deposits consisting of glacial drift, talus, and landslide debris. According to the USGS (2002):

The Red Mountain District lies astride the margin of the mid-Tertiary Silverton caldera. Most exposed rocks are volcanic flows and tuffs. Small but important intrusions occur along the caldera margin. A thick section of Devonian to Jurassic sedimentary rocks lies between the Tertiary rocks and Precambrian basement; although mineralization is known in these sedimentary rocks, very little has been mined because of the great depth. Most ore came from vein deposits in the volcanic rocks, but the famous high­ grade pipe ores are in and near small intrusive plugs. The Telluride Conglomerate, at

Rare Earth Science, LLC 6 January 2015 • Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

the base of the Tertiary section, hosted important replacement ores rich in base metals. Polymetallic replacement deposits and skam in under/ying limestones were drilled but are too deep to be mined. A few small veins mined from Precambrian host rocks are the roots of mid-Tertiary veins, and there has been some production from veins in pre­ Tertiary sedimentary rocks.

Mineral occurrences in the Red Mountain District are diverse and primarily include lode deposits where gold, silver, zinc, lead and other metals have been extracted. USGS (2002) lumped the mineral ores into three classes: (1) polymetalliC veins and replacements rich in lead-zinc­ copper-silver; (2) gold-quartz veins that generally formed along veins of the polymetallic type; and (3) acid-sulfate type disseminated deposits under Red Mountain, containing gold and pervasive alteration that added much pyrite and alunite while destroying silicate minerals; these deposits have a tendency to produce highly acidic drainage because the buffering capacity of the host rocks has been destroyed.

3.2 Standard Environmental Records Sources

Regulatory agency database information was obtained from a GeoSearch environmental database search report, which maps and lists sites in federal, state, and local government environmental databases with existing conditions or regulatory status that may have the potential to impact the Site. A portion of the Site (the entire area west of Gray Copper Gulch), and the entire Red Mountain District, appears in the regulatory agency database as a Superfund location due to the Natural Resource Damage (NRD) assessment and restoration projects spanning a large regional area that also extends west to the Town of Telluride. The NRD status resulted from Idarado Mining Company's (Idarado's) history of metallic-mineral mining and milling operations in the regional area. Additional details can be found in the GeoSearch report (Appendix B) .

The State of Colorado filed suit against Idarado in 19.83 for natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The State was involved in either court actions or negotiations with the company until July 1992 when a negotiated remedy was finalized in Federal court. The Idarado NRD projects involved stabilizing and revegetation of tailings piles and ponds, clearing sediments from underground mines, diverting surface runoff around mine wastes, and rerouting internal mine waters away from highly mineralized regions in underground workings. The major human-health concern is possible exposure to heavy metals in the tailings, specifically lead, zinc, and cadmium. Although, human contact with tailings was determined by the Colorado Department of Public Health and Environment (CDPHE) to be minimal. The main impact to the aquatic system in local surface waters (primarily Red Mountain Creek, which is a tributary to the Uncompahgre River) is from aluminum, arsenic, cadmium, copper, lead, manganese, nickel and zinc loading, along with very acidic pH levels.

However, the Site is not located in the near vicinity of the Idarado NRD projects. In the Red Mountain District, these Idarado assessment and restoration projects are located either downgradient or crossgradient in relationship to the Site (Le., in terms of topographic position, surface runoff, andlor groundwater flow direction). The NRD projects are concentrated near the former Idarado Mine, Treasury Tunnel, Genesee Mine and Barstow Mine areas (more than 1 mile west-southwest of the Site), and along Red Mountain Creek and the Ironton area near Highway 550. Since 1983, these NRD projects have included stabilization and reclamation of tailings piles and ponds, closure/safeguarding of abandoned mines, engineered design and installation of hydrologic controls, and wetland and river-channel restoration: all in attempt to improve water quality by isolating mine waste(s) from surface waters. The Superfund status

Rare Earth Science, LLC 7 January 2015 Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessment and on-going Idarado NRD projects in the regional area are not believed to pose an environmental concern at the Site.

3.3 Additional Environmental Records Sources

Rare Earth searched the Colorado Division of Oil and Public Safety's (OPS') Storage Tank Information System (COST IS) online database (www.colorado.gov). The Site and adjoining lands do not appear in the COSTIS database for registered fuel storage tanks, leak/spill incidents, or tank closure and removal programs.

Rare Earth also searched the Colorado Division of Reclamation, Mining and Safety (DRMS) database for active and inactive mines (www.mining.state.co.us); and the Colorado Oil & Gas Conservation Commission (COGCC) database for oil & gas wells (www.oil-gas.state.co.us). There are no documented oil & gas wells or active (or historiC) mining permits at the Site or adjoining lands per the COGCC and DRMS databases. The DRMS brasscap database indicates one abandoned mine location at the Site: Mineral Survey 4548 in Section 7, Township 42 North, Range 7 West (New Mexico Principal Meridian); Feature No. 2470/Feature I.D. 11 ; reclaimed with a bulkhead.

Surface waters in the Red Mountain Creek basin have been the subject of numerous studies due to both acid mine drainage (AMD) an natural acid rock drama (NARD). NARD areas are characterized by thermally-altered host roc s, w IC are prev . in the Red Mountain District And, the Red Mountain District is the location of one of the largest acid-sulfate systems in the western United States, covering approximately 7.8 square miles (CGS, 2011). A 2002 USGS study with field observations, pH and conductivity measurements, and chemical analyses of surface waters. in the Red Mountain Creek basin suggested that the basin of about 10 square miles is the most chemically and physically contaminated on the Central Western Slope of Colorado. The report stated that substantial amounts of this contamination are derived from unmined (NARD) sources on Red Mountain No.1. Eight ofthe claims evaluated during this ESA are located on the west and east flanks of Red Mountain No. 1.

Furthermore, Corkscrew Gulch creek is known to contribute acidic, metal-rich waters to Red Mountain Creek. Although, sources of acid and metal are not easily quantified in this basin. The headwaters of Gray Copper Gulch are on the flank of a large ridge of red, pyritic alteration and several small mines and prospects expose highly pyritic rocks that create moderately acidic drainage (pH values of 3 to 4). The largest mine in the upper basin, the Vernon Mine (about 2,000 feet southwest of [and cross-gradient from) the Mineral Belt claim), has sulfidic dumps of moderate size and an adit that releases acidic water (pH 2.9) containing very high metal concentrations of copper, iron and zinc, with concentrations well above the aquatic life water standards. (USGS, 2002)

The water-quality issues are relatively well documented in the region, and the Site is not expected to be a significant source of metal loading in local surface waters. And, since the Site is primarily undeveloped and expected to remain that way, it is not believed to be negatively impacted or directly affected by nearby AMD issues.

3.4 Historical Use Information on the Site and Surrounding Area

Rare Earth reviewed historical use information to assess whether current or prior owners of the Site and adjoining properties may have conducted activities that could pose environmental concerns. Rare Earth's research included review of the following:

Rare Earth Science, LLC B January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

• Black/white and color aerial photographs taken in 1951 , 1978, 1998, and 2003-2011 provided by the Ouray County GIS Department, Google Earth, and USGS (1951 and 2011 photos included in Appendix C);

• Historic mineral surveys, plats, and field notes (ranging in date from 1883 to 1895: obtained from the U,S, Bureau of Land Management [BLM] in Denver, CO) for the Site;

• Geologic map of the Ironton Quadrangle, Colorado (USGS, 1964);

• 7,5-minute Ironton, Colorado topographic maps (USGS, 1955 and 2011);

• 15-minute Silverion, Colorado topographic map (USGS, 1902): and

• Denver & Rio Grande (D&RG) railroad history (available at www.ghostdepot.com/rgO.

The historic Red Mountain District consisted of six towns (Albany, Ironton, Guston, Red Mountain Town, Congress, and Chattanooga) within a rough area of about 8 square miles. At one time, these towns housed hundreds of workers and provided the supplies necessary for the mines, smelters, and railroads that operated in the district. The bulk of mineral production (i.e., silver, lead, zinc, gold and copper) came from the Yankee Girl, Guston, Genesee Vanderbilt, National Belle and Congress mines located on chimney ore bodies, and from the Barstow Mine, Kentucky Giant group, and other mines that were located in fissure veins. However, none of these former townsites or large mining operations was located at the Site or on adjoining lands.

In 1887, construction began on the narrow-gauge Silverton Railroad by famed Colorado railway­ builder between the Town of Silverton and the Red Mountain District. The railroad was abandoned in 1922 due to lack of activity and dismantled in 1926. Portions of the abandoned railroad grade, and remnants of the historic Corkscrew Gulch turntable, are located at the Site on the Little Mona and Mona's Queen claims (see Figure 2 in Appendix A).

According to the D&RG railroad history (www.ghostdepot.com/rgD:

A liN/e norih of Red Mountain Town on the Silverion Railroad, there was a switchback built up Corkscrew Gulch. On the end of the switchback a 50-foot gallows turntable was constructed to tum locomotives on the main line. This feature was an oddity in railroading and has become a favorite topic of railroaders. In this area the grades were around 5 percent and the locomotives of the time were not as reliable operating from the uphill end of a train, especially in snow. With the engine on the uphill side, the only thing holding the cars from breaking loose and barreling downhill out of control was the coupler on the engine. Therefore, it was more desirable to have the engine at the front of the train to assist in braking. Furihermore, when going uphill, if the engine was at the rear of the train the cars were in compression and had a greater chance of derailing, especially with snow on the tracks.

On the switchback, the train must go in both directions and the turntable made it possible to uncouple the engine from the front of the train, run through the switchback, and end up with the engine at the front of the train again. The grades approaching the turntable were designed so that it was downhill on both legs of the switchback to the turntable. This feature let the cars be run across the turntable and through the switchback by gravity in either direction. The turntable also became famous because it was eventually completely enclosed with snowsheds that allowed continuous operation in winter.

Rare Earth Science, LLC 9 January 2015 I " Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

A line was proposed to connect Ironton with Ouray in 1892 which would have been electric-powered and using a rack-and-pinion system to oven:ome the steep grades of 7 percent. However, the Silver Crash of 1893 prevented further construction. The railroad stroggled through market and weather difficulties, was ordered into receivership in 1898 and sold under foreclosure in 1904, It was reorganized as the Silverton Railroad Company, but was finally dismantled in 1926.

The Red Mountain District mining history is detailed by the USGS (2002) as follows:

A boulder of galena was discovered in 1881, and soon there was a rush and discovery of significant mines including the Robinson, Yankee Girl, and National Belle. The most productive years for these silver mines in chimney or breccia pipe deposits were prior to 1890. These mines struggled through years of depressed silver prices in the mid- 1890's, and all closed in 1896 and 1897. The Barstow Mine on the west side of the district was an exception in that it started in 1899 and continued operating until about 1917; the Barstow vein was like those on the Telluride side of/he mountain and was later mined from the Treasury Tunnel. Starting in 1907, the Joker Tunnel was driven nearly 5,000 feet into Red Mountain to access lower levels and dewater the Genessee, Guston, and other mines; this ambitious project was intennittently active, eventually reached some targets, but produced relatively little are through the 1940's.

With success at the Barstow Mine, attention shifted to veins on the western side of the district. The Treasury tunnel was driven to the west under the Barstow and other veins; started in 1896, it advanced in stages and by the 1930s allowed significant production from polymetallic veins on the west side of the district. Consolidation of diverse properties in 1939 and the mid-1940s, fonning the Idarado Mining Co., allowed efficient mining on veins that had not been worked since the 1920s. Development of improved milling techniques allowed recovery of major amounts of copper, lead, and zinc and byproduct bismuth and other metals from ores that earlier were considered too low in grade or too complex metallurgically to be mined profitably. The Treasury Tunnel of the Idarado mine, whose porlal was near Red Mountain Pass, extended west of the divide into San Miguel County. It provided access to major veins such as the Black Bear and Tomboy in the Telluride District, allowing higher production from the mid-1940s through 1956. The Idarado mill at Treasury Tunnel portal, with a capacity of 800 tons/day, closed in 1956 when all are was diverted to the Pandora Mill east of Telluride. Production after 1956 used the Mill Tunnel, which is 1,600 feet lower in elevation than the Treasury Tunnel. Mining at the Idarado mine ceased in 1978. There appears to have been very little production from the Red Mountain District in the past 40 years, but there have been underground and drilling exploration programs, as on Red Mountain, in the 1970s and 1980s.

The former Silverton Railroad grade and switchback are shown on the historic 1902 and 1955 topographic maps (crossing a portion of the Little Mona and Mona's Queen claims); however, the maps do not show any named mines, large mining features (i.e., shafts, tunnels, tailings ponds or piles, mills, smelters), pipelines, powerlines, or structures at the Site or adjoining lands. The 1955 map indicates one adit (each) on the Mona's Queen, Sure Enough, Sierra Nevada, and English Maid claims. The aerial photographs show the Site much like lis present state, with no real discernible manmade features other than a small access track into the southeast comer of the English Maid claim. The historic BlM mineral survey plats indicate several small discovery cuts and tunnels on these lode claims. The only structure shown on the plats was a small cabin on the Sierra Nevada claim.

Rare Earth Science, LLC 10 January 201 5 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

Sanborn fire insurance map and city directory coverage was not available for the Site location. However, the lack of this type of historic information is not expected to affect the outcomelfindings of this report, and this is not considered to be a significant data gap.

Rare Earth Science, LLC 11 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental S~e Assessment

4,0 SITE RECONNAISSANCE

4.1 Methodology

A Rare Earth representative visited the Site on October 10 and 15, 2014 to conduct a walk­ around inspection and identify visible evidence of recognized environmental conditions at the Site and adjoining lands. The natural setting (I.e., geologic, hydrologic, topographic, and ecologic features) and interactions at, and between, the Site and adjoining parcels were also observed and documented. Field personnel compiled detaiied notes and color photographs of important site features. Select photographs collected during the Site reconnaissance program are included in Appendix C. Weather conditions during the Site visit ranged from heavy rainfall to relatively clear skies with cool temperatures (approximately 40-50· F). However, there were no limiting conditions due to weather, access, or other physical obstructions or constraints.

4.2 General Site Setting and Uses

The Site consists of historic mining claims located south of Ironton Park on the south side of U.S. Highway 550, roughly 12 miles south of the City of Ouray. The Site is located in and above the Corkscrew Gulch and Gray Copper Gulch drainages and also on the flanks of Red Mountain Nos. 1 and 2, and Brown Mountain. Parts of the Site were utilized for mineral prospecting and small-scale mining beginning in the late 1800s; large parts of the Site are undeveloped; and two of the claims were traversed by the historic Siiverton Raiiroad in the late 1800s and early 1900s. However, the Site is not presently occupied and there are no habitable structures, nor are there any active mining or milling activities (or DRMS mining permits) at the Site.

4.3 Uses of Adjoining Properties and Surrounding Area

Part of the Site adjoins other patented mining claims (some with limited small-scale historic prospecting and mining activity) and undeveloped lands in all directions, and large parts of the Site adjoin undeveloped lands administered by the USFS-Uncompahgre National Forest. No privately-owned cabins, dwellings, or other structures were observed near the adjoining Site boundaries. And, there are no active mining or milling operations on the adjoining lands or in the immediate vicinity of the Site.

4.4 Exterior Observations

For purposes of Site-reconnaissance logistics, mapping (see Figures 1-10 in Appendix A and Ihe table in Section 1.1 of this ESA) and reporting, the Site was divided into three separate areas known as:

1. Northwest Claims - includes Claim Nos. 1, 2, 3, 15 and 16 (refer to Figures 2-4) 2. South Claims - includes Claim Nos. 4 though 10 (refer 10 Figures 5-7) 3. East Claims - includes Claim Nos. 11 though 14 (refer to Figures 8-10)

Northwest Claims

These lode claims are accessed by hiking from the Guston Road (County Road 31) at the trailhead parking area for the American Girl Mine and the Corkscrew Gulch turntable. The claims are located in a heavily forested area on the far northern flank of Red Mountain No. 2 and are surrounded by undeveloped USFS-administered lands and privately-owned (yet, undeveloped) patented claims. The hiking trail follows the old Silverton Railroad grade and leads directly to the Little Mona and Mona's Queen claims. The other three claims are located

Ra re Earth Science, LLC 12 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment directly upslope from the railroad grade. The remnants of the turntable are found on the east end of the Little Mona claim and have some OCHS signage explaining the railroad history. A fair amount of scrap steel, wooden timbers, and railroad ties are all that remain of the turntable.

Several small prospect pits were observed on the Humbolt. Sure Enough and Sierra Nevada claims, along with two collapsed adits and a small waste-rock pile. The remnants of an old, dilapidated log structure and some scrap steel were also located near the collapsed adit on the Sierra Nevada claim. An unnamed drainage bisects the Humbolt, Sure Enough, and Sierra Nevada claims (flowing northeast into Corkscrew Gulch). The drainage makes contact with the toe of the waste-rock pile on the Sierra Nevada claim; however, the water was clear and the surrounding vegetation was healthy and green. Rocks in the drainage bed were stained w~h oxidized iron, Otherwise, no significant mining features, structures, landfills, or abandoned machinery/equipment were noted on these claims.

South Claims

These lode claims are accessed by hiking from unpaved County Road 20A on the east side of Corkscrew Gulch, The claims are located on steep to very steep forested and talus-covered slopes on the northwest flank of Red Mountain No. 1. These claims are surrounded by undeveloped USFS-administered lands, along with privately-owned (yet, undeveloped) patented claims that adjoin the Vulcan and SI. Brides claims to the west near Corkscrew Gulch.

An overgrown track provides access to the southeast corner of the English Maid claim from a switchback on County Road 20A, There is a mine tunnel and associated waste-rock pile in the southeast corner of this claim (see Figure 5 in Appendix A). The DRMS brasscap at the tunnel location was No, 10-011/Project 450. The tunnel is safeguarded with a locked steel grate/bulkhead and a 4-inch diameter PVC drain pipe is installed in the bulkhead footer to allow for mine drainage and seepage. Only a small amount of surface water was observed in the drain system; however, the water was clear and green moss was flourishing around the drain. No surface water was contacting the waste-rock pile located west of the mine above a deeply­ incised, unnamed intermittent drainage to the north. Some mineralization (galena and pyrite) was noted in the waste-rock pile, and there was scrap steel in the area that consisted mostly of old ore-cart rails.

Otherwise, the historic BlM plats show discovery cuts and/or small tunnels on each of these claims; however, more than a century of erosion and rockfall have obscured or erased any obvious sign of mining activity on all but the English Maid claim in this area of the Site.

No significant mining features, structures, landfills, or abandoned machinery/equipment were noted on the SI. Brides, Vulcan, Daisy, Pacific, Silver Bud, or Blue Bell claims in the southern part of the Site. The historic Midnight and Carbonate King mines are located about 500 feet west and 1,500 feet south-southwest, respectively, on the west side of Corkscrew Gulch.

East Claims

These lode claims are located on steep to very steep slopes above the Gray Copper Gulch drainage. Access is limited to hiking along the Gray Copper Gulch trail (USFS No. 887). The slopes are partially forested with conifer trees, and have some very steep rock cliff bands and talus slopes, along with open expanses of rocky tundra. The historic BlM plats show small tunnels and discovery cuts on each of these four claims; however, more than a century of erosion and rockfall have obscured or erased any obvious sign of mining activity.

Rare Earth Science, LLC 13 January 2015 Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessment

These claims are surrounded entirely by undeveloped USFS-administered lands. No significant mining features, structures, landfills, or abandoned machinery/equipment were noted on the Extension, Tip Top, Ught, or Mineral Belt claims in the eastern part of the Site. The historic Vernon Mine is located on Gray Copper Gulch about 2,000 feet southwest of (and cross­ gradient from) the Mineral Belt claim.

Other Exterior Observations

There was no evidence of utilities at the Site, including electrical, natural gas or telephone service; water wells; or sewer/septic systems. Other exterior observations at the Site included:

• No evidence of metallic-mineral milling or smelling activities • No evidence of underground or aboveground (liquid fuel or oil) storage tanks • No evidence of liquid-filled electrical transformers or capacitors • No evidence of abandoned explosives or chemical drums/containers • No evidence of methamphetamine laboratories • No evidence of mine discharge/runoff from adjoining properties • No evidence of buried liquid-petroleum pipelines • No evidence of commercial oil and/or gas wells • No evidence of drinking-water wells or groundwater monitoring wells • No evidence of vapor-migration concerns

Additionally, no environmental concerns were noted in the exterior areas of the adjoining lands.

4.5 Interior Observations

No habitable structures or dwellings were noted at the Site. As mentioned previously, there was evidence of a small, dilapidated log structure on the Sierra Nevada claim with a collapsed roof and a minor amount of scrap steel. And, the remnants of the collapsed wooden shed structure for the old Corkscrew Gulch railroad turntable were also observed on the Uttle Mona claim. There were no structures (either currently in use or abandoned) observed on lands adjoining the Site.

Ra re Earth Science. LLC 14 January 2015 • Tronox Mining Claims (Ouray County. CO) Phase I Environmental Site Assessment

5.0 INTERVIEWS

5.1 Interviews with Site Owner Representative

Rare Earth contacted Marc Weinreich at Greenfield ([email protected]) for any available information about Site conditions or ownership history. Mr. Weinreich was not able to provide specific details about the Site. and stated that " ... as a Trustee, ourjob is just to take til/e to the property and sell it: He was not able to provide copies of title work, an appraisal or survey. or any other relevant environmental documentation.

5.2 Interviews with Others

Rare Earth contacted Camille Price (9701728-5487) , Project Manager for the Inactive Mine Reclamation Program at DRMS' Telluride office, for information related to abandoned mine lands (AML) in the Site vicinity and to discuss the current status of Idarado's NRD remediation projects. Ms. Price also completed a search of the DRMS brass-cap database for the Site and surrounding area, for an inventory of AML features and closed/safeguarded mines. The only feature indicated at the Site was an ad it bulkhead/safeguard on Mineral Survey No. 4548.

According to Ms. Price, there were no environmental restrictions, AULs, or special land-use covenants that affect the Site apart from standard County zoning reqUirements. She was not aware of any outstanding environmental issues or remedial efforts at the Site, and stated that there are ongoing water-quality monitoring efforts by Idarado in nearby Red Mountain Creek. Ms. Price was not aware of any other recently published water-quality reports other than the December 2012 document prepared by Worthington Miller Environmental, LLC. She also mentioned that Idarado was exploring a new treatment system for AMD using iron-rich material (IRM) technology in the Red Mountain District.

Rare Earth also contacted Don Paulson with the OCHS near the Site on October 10". Mr. Paulson provided road- and trail-access information for a number of claims at the Site. He also provided a historical perspective of the former mining and railroad operations in the district, along with information on the historic Corkscrew Gulch turntable (located at an elevation of 10,355 feet on the Little Mona claim) and the abandoned Silverton Railroad grade that traverses the Little Mona and Mona's Queen claims at the Site.

Since the Site includes private and mostly undeveloped lands that are not frequented by regulatory agency personnel, Rare Earth did not perform additional interviews. The lack of interviews with other parties is not expected to affect the outcomelfindings of this report. and this is not considered to be a significant data gap.

Rare Earth Science, LLC 15 January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

6.0 EVALUATION

6.1 Findings

Rare Earth conducted this ESA at the request of The Trust for Land Restoration (TLR) for approximately 149 acres of historic mining-claim parcels located south-southwest of the City of Ouray in southernmost Ouray County. The ESA was conducted in order to evaluate on-Site environmental conditions prior to conveyance of the parcels to the USFS-Uncompahgre National Forest and OCHS. The ESA was performed in conformance with the scope and limitations of ASTM's E1527-13 guidance document Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The ESA encompassed a review of historical and regulatory records, interviews with a people familiar with the Site, reconnaissance of the Site and the surrounding area, and preparation of this report.

The Site and adjoining lands are included in a regional area where metallic-mineral prospecting and mining operations began in the late 1 BBOs as part of the larger Red Mountain District. However, the Site does not appear to be impacted by, or contribute to, environmental degradation resulting from these historic mining operations. The only notable historic mining activitieslfeatures identified at the Site were minor and include a sealed mine tunnel and associated waste-rock pile on the English Maid claim (Mineral Survey No. 454B).

This mine location was safeguarded by DRMS, which also eliminated the potential for a physicallsafety hazard. Due to the history of small-scale mining and prospecting at a portion of the Site and adjoining lands, de minimus conditions (as defined by ASTM) are evident at the Site. These are conditions that generally do not pose a threat to human health or the environment and generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.

6.2 Opinion

This ESA did not reveal evidence of recognized environmental conditions (as defined by ASTM). Rather, de minimus conditions exist at the Site due to the location and nature of hard­ rock mining history in the regional area. Based upon the findings of this ESA, it is Rare Earth's opinion that no further inquiry is warranted at the Site.

6.3 Conclusion

We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 for the Tronox mining claims located in Ouray County, the Site. Any exceptions to, or deletions from, this practice are described in Section 1.B of this ESA report. This assessment has revealed evidence of de minimus conditions in connection with the Site, as described above in Section 6.1 . However, it is Rare Earth's opinion that no further inquiry is warranted.

I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR Part 312 and have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Rare Earth Science, l LC 16 January 2015 • Tronox Mining Claims (Ouray County. CO) Phase I Environmenlal Site Assessment

January 15. 2015 James C. Armstrong Date Principal Environmental Scientist Rare Earth Science, LLC

Rare Earth Science. LLC January 2015 Tronox Mining Claims (Ouray County, CO) Phase I Environmental Site Assessment

7,0 NON-SCOPE CONSIDERATIONS

Rare Earth evaluated the Non-Scope Considerations (as defined in ASTM Practice E1527-13) and possible environmental impacts/hazards at the Site, including asbestos-containing building materials, radon, wetlands, lead in paint or drinking water, cultural and historic resources, etc. However, Rare Earth determined that no additional investigations or inquiry were necessary. No other additional environmental services were performed by Rare Earth during this Phase I ESA, including the collection or analysis of soil or other geologic materials, surface water, groundwater, or air samples.

Rare Earth Science, LLC 16 January 2015 Tronox Mining Claims (Ouray County . CO) Phase I Environmental Site Assessment

8.0 REFERENCES

American SOciety for Testing and Materials (ASTM). 2013. Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Designation E1527-13. eGS (Colorado Geological Survey). 2011 . Natural Acid Rock Drainage Associated with Hydrothermally Altered Terrain in Colorado. CGS Bulletin 54.

USGS (United States Geological Survey). 1902. Silverton, Colorado 15-minute series topographic quadrangle.

USGS. 1955. Ironton, Colorado 7.5-minute series topographic quadrangle.

USGS. 1964. Geology of the Ironton Quadrangle, Colorado. Geologic Quadrangle Map GQ-291 .

USGS. 2002. Hydrogeochemicallnvestiga/ions of Historic Mining Districts, Central Westem Slope of Colorado, Including Influence on Surface-Water Quality. Digital Data Series DDS- 73.

USGS. 2005. Geochemistry of Red Mountain Creek, Colorado, Under Low-Flow Conditions, August 2002. Scientific Investigations Report 2005-5101 .

USGS. 2011 . Ironton, Colorado 7.S-minute series topographic quadrangle.

Worthington Miller Environmental, LLC. 2012. Evaluation of Zinc Loading - Red Mountain Creek. December 31 .

Rare Earth Science. LLC 19 January 2015 ASTM E1527 PHASE I ESA REPORT - Tronox Mining Claims (Ouray County, CO)

APPENDIX A

SITE LOCATION MAPS AND AERIAL PHOTOGRAPHS

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APPENDIX B

ENVIRONMENTAL DATABASE SEARCH REPORT

Rare Earth Science, LLC January 2015 Ge(j)Search On time. On target. In touch:"

Radius Report

Satellite view

Target Property: Tronox Claims Ouray County, Colorado 81432

Prepared For: Rare Earth Science LLC

Order #: 41577 Job #: 91477 Date: 1010212014

Ge~arch www ge~$el!Ch com 888-396-0042

Orrler# 41577 Job# 91477 • Table of Contents

Target Property Summary ...... 1

Database Findings Summary . . 2

Locatable Database Findings . . 5

Radius Map 1 . 8

Radius Map 2 . 9

Ortllo Map 10

Topograpllic Map . . • . . 11

Report Summary of Locatable Sites 12

Untocatable Summary . 18

Environmenlal Records Definitions . 20

Unlocatable Report . See Attachment

Zip Report . See Attachment

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Orrler# 41577 Job# 91477 Target Property Summary

Tronox Claims Ouray County, Colorado 81432

USGS Quadrangle: Ironton, CO Target Property Geometry: Area

Target Property Longitude(s}llatitude(s}: (-107.68038, 37.928031), (-107.67964, 37.927450), (-107.67844. 37.927592), (-107.67769, 37.927001), (-107.66258, 37.927691), (-107.66161, 37.927971), (-107.65453, 37.925642), (-107.65127, 37.928846), (-107.64965, 37.927813), (-107.65292, 37.924610), (-107.65171, 37.921177), (-107.65011, 37.921178), (-107.64713, 37.922807), (-107.64713, 37.921828), (-107.64977, 37.920363), (-107.65170, 37.920362), (-107.66248, 37.917529), (-107.66306, 37.916736), (-107.66321, 37.915916), (-107.66561, 37.916088), (-107.66837, 37.916557), (-107.67008, 37.916503), (-107.67260, 37.917703), (-107.67280, 37.921141), (-107.67310, 37.921932), (-107.68073, 37.921610), (-107.68373, 37.922320), (-107.68205, 37.924104), (-107.68208, 37.924679), (-107.68168, 37.925833), (-107.68241, 37.926390), (-107.68038, 37.928031)

CountylParish Covered: Ouray (CO) , San Juan (CO)

Zipeode(s} Covered: Ouray CO: 81427 Silverton CO: 81433

State(s} Covered: CO

"Target property is located in Radon Zone 1. Zone 1 areas have a predicted average indoor radon screenIng level greater than 4 pC/IL (picocuries per liter).

This report may have unloeatable records. Please see the Unloeatables Report. attached to this file.

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Onlerll41577 Job# 91477 10130 • ' 1~ ______D_a_t_ab_a_s_e __ F_;n_d_;_ng_s __ s_u_m_m __ a_ry ______~

FEDERAL LISTING

Search Radius Database Acronym Locatable Unlocatable (miles) CLANDESTINE DRUG LABORATORY LOCATIONS em. 0 0 TPIAP FEDERAL ENGINEERING INSTITUTIONAL CONTROL SITES Ef; 0 0 0.2500 EMERGENCY RESPONSE NOTIFICATION SYSTEM ERNSCO 0 0 0.2500 HISTORICAL GAS STATIONS HlSTPST 0 0 0.2500 HAZARDOUS MATERIALS INCIDENT REPORTING SYSTEM HMIRSR08 0 0 0.2500 LAND USE CONTROL INFORMATION SYSTEM l.J.J.C§. 0 0 0.2500

NO LONGER REGULATED RCRA GENERATOR FACILITIES I!1~BBCB!lG 0 0 0.2500 RESOURCE CONSERVATION & RECOVERY ACT - GENERATOR Bc.B!lGBQ8 0 0 0.2500 FACILITIES

RESOURCE CONSERVATION & RECOVERY ACT - NON- Bc.B!lI!1GBa8 0 0 0.2500 GENERA TOR FACILITIES

RCRA SITES WITH CONmOLS Bc.B!lSC 0 0 0.2500 TOXICS RELEASE INVENTORY IBI 0 0 02500 BROWNFIELDS MANAGEMENT SYSTEM at. 0 0 0.5000 COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION CERCLIS 1 0 0.5000 & LIABILITY INFORMATION SYSTEM NO FURTHER REMEDIAL ACTION PLANNED SITES /YEBt.E 1 0 0.5000

NO LONGER REGULA TED RCRA NON-CORRACTS TSD FACILITIES I!1~BBCB!lI 0 0 0.5000 OPEN DUMP INVENTORY QQl 0 0 0.5000 RESOURCE CONSERVATION & RECOVERY ACT - TREATMENT. Bc.&I 0 0 0.5000 STORAGE & DISPOSAL FACILITIES DELISTED NA TlONAL PRIORITIES LIST Ql1EL 0 0 1.0000

NO LONGER REGULA TED RCRA CORRECTIVE ACTION FACILITIES MBBCB!lC 0 0 1.0000 NA TIONAL PRIORITIES LIST tiEL 0 0 1.0000 PROPOSED NA TIONAL PRIORITIES LIST eJiEL 0 0 1.0000 RESOURCE CONSERVATION & RECOVERY ACT - CORRECTIVE BCB!lc. 0 0 1.0000 ACTION FACILITIES RECORD OF DECISION SYSTEM BSJDS 0 0 1.0000

I SUB-TOTAL 2 o

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Orderll41577 Job# 91477 20130 Database Findings Summary

STATE (COl LISTING

Search Radius Databasft Acronym Locatable Unlocatable (miles) CLANDESTINE DRUG LABORA TORY LOCATIONS CDL 0 0 TPIAP ABOVEGROUND STORAGE TANK FACILITIES ASI 0 0 0,2500

ENVIRONMENTAL REAL COVENANTS LIST ~ 0 0 0,2500 HAZARDOUS WASTE SITES- GENERATOR I:M!Sli 0 0 0.2500 SPILLS LISTING SEJLJ.S 0 0 0,2500 UNDERGROUND STORAGE TANK FACILITIES l§I 0 0 0,2500 HISTORICAL SOLID WASTE LANDFILLS /:JlSlilWLF 0 0 0.5000 HAZARDOUS WASTE SITES- TREA TMENT, STORAGE & DISPOSAL 1::t'MiISL/ 0 0 0,5000 LEAKING STORAGE TANK FACILITIES LSI 0 0 0,5000 LEAKING UNDERGROUND STORAGE TANKS TRUST FUND SITES Lf.lS.T11lUSr 0 0 0,5000

METHANE GAS STUD Y SITES Mf.Itf~SlIES 0 0 0,5000 SOLID WASTE FACILITIES SWE 0 0 0.5000 VOLUNTARY CLEANUP AND REDEVELOPMENT PROGRAM SITES llkBIl 0 0 0,5000 HAZARDOUS WASTE SITES- CORRECTIVE ACTION I:I'MCI! 0 0 1,0000 SUPERFUND SITES Sf. 1 0 1.0000

I SUB·TOTAL o

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Om." 41577 Job. 91477 30f30 • Database Findings Summary

TRIBAL LISTING

Search Radius Database Acronym Locatable Unlocatable (miles) UNDERGROUND STORAGE TANKS ON TRIBAL LANDS J.JSIBM 0 0 0,2500 LEAKING UNDERGROUND STORAGE TANKS ON TRIBAL LANDS LUSTRDB 0 0 O.SOOO OPEN DUMP INVENTORY ON TRIBAL LANDS QQINJJltll'J 0 0 OSOOO INDIAN RESERVATIONS ll'iQltll'JBJ;S 0 0 1.0000

I SUB-TOTAL o o

I TOTAL 3 o

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Onler# 41577 Job# 91477 4 of 30 Locatable Database Findings

FEDERAL USTING

Acronym Search TPIAP 118 Mile 114 Mile 112 Mile 1 Mite Total Radius (0 - 0.02) (> TPIAP) (> l I B) (> 114) (> 112) > 1 Mile (miles)

COL 0.0200 NS NS NS NS NS 0 EC 0.2500 0 0 NS NS NS 0 ERNSCO 0.2500 0 0 NS NS NS 0 HtSTPST 0.2500 0 0 NS NS NS 0 HMtRSR08 0.2500 0 0 NS NS NS 0 LUCtS 0.2500 0 0 NS NS liS 0 NLRRCRAG 0.2500 0 0 liS NS NS 0 RCRAGR08 0.2500 0 0 NS NS NS 0 RCRANGR08 02500 0 0 liS liS NS 0 RCRASC 02500 0 0 NS liS NS 0 TRt 0.2500 0 0 NS NS NS 0 BF 0.5000 0 0 0 liS NS 0 CERCLIS 0.5000 1 0 0 0 NS NS 1 NFRAP 0.5000 1 0 0 0 NS NS 1 NLRRCRAT 0.5000 0 0 0 NS NS 0 001 0.5000 0 0 0 NS NS 0 RCRAT 0.5000 0 0 0 NS NS 0 ONPL 1.0000 0 0 0 0 NS 0 NLRRCRAC 1.0000 0 0 0 0 NS 0 NPL 10000 0 0 0 0 NS 0 PNPL 1.0000 0 0 0 0 NS 0 RCRAC 1.0000 0 0 0 0 NS 0 RODS 1.0000 0 0 0 0 NS 0

I SUB-TOTAL o o o o o 2

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Orderll41577 Job. 91477 50130 ' ~I ______L_o_c_a_ta_b_l_e_D_a_t_ab_a_S_e __ F_in_d_in_g_s ______~

STATE reol LISTING

Acronym Search TPIAP lIB Mile 1/4 Mile 112 Mile 1 Mile Tolal Radius (0 - 0.02) (> TPIAP) (> lIB) (> 114) (> 112) > 1 Mile (miles)

CDL 0.0200 NS NS NS NS NS 0 AST 0.2500 0 0 NS NS NS 0 COVENANTS 0.2500 0 0 NS NS NS 0 HWSG 0.2500 0 0 NS NS NS 0 SPILLS 0.2500 0 0 NS NS NS 0 UST 02500 0 0 NS NS NS 0 HISTSWLF 05000 0 0 0 NS NS 0 HWSTSD 0.5000 0 0 0 NS NS 0 LST 05000 0 0 0 NS NS 0 LUSTTRUST 0.5000 0 0 0 NS NS 0 METHANESITES 05000 0 0 0 NS NS 0 SWF 0.5000 0 0 0 NS NS 0 VCRA 05000 0 0 0 NS NS 0 HWSCA 1.0000 0 0 0 0 NS 0 SF 1.0000 1 0 0 0 0 NS 1

I SUB-TOTAL o o o o o 1

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Order# 41577 Job# 91477 60f30 Locatable Database Findings

TRIBAL LlSDHG

Acronym Search TPIAP 1/8 Mile 114 Mile 112 Mile 1 Mile Total Radius (0·0.02) (> TPIAP) (> lIB) (> 114) (> 112) > 1 Mile (miles)

USTR08 0.2500 0 0 NS NS NS 0 WSTR08 0.5000 0 0 0 NS NS 0 ODINDIAN 0.5000 0 0 0 NS NS 0 INDIANRES 1.0000 0 0 0 0 NS 0

I SUB·TOTAL o o o o o o

I TOTAL o o o o o 3

NOTES: NS = NOT SEARCHED TPIAP = TARGET PROPERTYIADJACENT PROPERTY

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OrrJer1l41577 Job#91477 7 of 30 Radius Map 1

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T...,.. Pr...... (TP) Trono1t Clslms ce ~CllS Ouray County, Colorado 8 NFIW' 81432 CJ Sl'

• .5lIO CUr;/( om to aCCBss SalBlilft wew SCALE' ,". XOtt

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Onlerll41577 Job# 91477 B of 30 Radius Map 2

Trona" ClaIms Ouray County, Colorado 81432

0" , IS)' 2JI)(J' ..... ! ! Click here 10 aqcass SalDttto vjew SCALE , ... Z10U

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Onler# 41577 Job# 91477 90130 Ortho Map

T...,., Property (TP) Quadrangle(s): Ironlon '0,'., CERCLIS Tronox Claims Q NFRAP Ouray County, Colorado U SF 81432

O' I ISO ' 2300' ! Click here to aq;ass $aIel/is viBw SCALE' ,-. 2300'

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Ottler# 41577 Job# 91477 100130 Topographic Map

Target Propeny (TP) Quadrangle(s): Ironton Source: USGS, 1955 Tronox ClaIms Ouray County, Colorado 81432 D' """ 3...,' .""" Click here to access $BraIlle view SCALE" '" . 3IX)(f

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OrrJer# 41577 Job# 91477 110130 'I Report Summary of Locatable Sites

Map Database Name Slt81D# Distance Sit. Name Address City, Zip Code PAGE 10. From Sit. • 1 CERCUS COOOOO7165B9 0,001 W IDARADO MINE· STATE HIA'Y 145 TELLURIDE. 1~ TELLURIDE 81435 1 NFRAP CODOOO716589 0,001 W IOARAOO MINE · STATE HWY 145 TELLURIDE. .t.4 TELLURIDE 81435 1 SF COOOOO716589 0001 W IOARAOO MINE STATE HW'f' 145 TELLURIDE 1li 81435

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Ordet# 41577 Job# 91477 120130 Comprehensive Environmental Response, Compensation & Liability Information System (CERCLlS)

MAP 10# 1 Distance from Property: 0.00 ml. W

FACIUTY INFORMATION EPA 10#: COD000716589 SITE ID#: 0800045 NAME IDARADO MINE· TELLURIDE ADDRESS: STATE HWV 145 TELLURIDE, CO 1435 COUNTY. SAN MIGUEL NATIONAL PRIORITY LISTING: N· NOT ON THE NPL FEDERAL FACILITY CLASSIFICATION N· NOT A FEDERAL FACILITY NON·NPL STATUS; NF · NFRAP NON.NPL STATUS DATE' NOT REPORTED PHYSICAL CLASSIFICATION OF SITE I INCIOENT: MINESfTAILINGS SITE DESCRIPTION • NO SITE DESCRIPTION INFORMATION AVAILABLE· SITE HISTORY • NO SITE HISTORY INFORMATION AVAILABLE· ACTIONS TYPE, DS • DISCOVERY START DATE: NR COMPLETION DATE' 0410111984 ACTION TYPE DEFINITION: THE PROCESS BY WHICH A POTENTIAL HAZARDOUS WASTE SITE IS BROUGHT TO THE ATTENTION OF THE EPA. THE PROCESS CAN OCCUR THROUGH THE USE OF SEVERAL MECHANISMS SUCH AS A PHONE CALL OR REFERRAL BY ANOTHER GOVERNMENT AGENCY. TYPE PA· PRELIMINARY ASSESSMENT START DATE NR COMPLETION DATE' 0410111984 ACTION TYPE DEFINITION; COLLECTION OF DIVERSE EXISTING INFORMATION ABOUT THE SOURCE AND NATURE OF THE SITE HAZARD. ITis EPA POLICY TO COMPLETE THE PRELIMINARY ASSESSMENT WITHIN ONE YEAR OF SITE DISCOVERY. TYPE' 51· SITE INSPECTION START DATE: NR COMPLETION DATE' 0310111985 ACTION TYPE DEFINITION THE PROCESS OF COLLECTING SITE DATA AND SAMPLES TO CHARACTERIZE THE SEVERITY OF THE HAZARD FOR THE HAZARD RANKING SCORE ANDIOR ENFORCEMENT SUPPORT. TYpe: VS • ARCHIVE SITE START DATE: NR COMPLETION DATE: 0310111985 ACTION TYPE DEFINITION, THE DECISION IS MADE THAT NO FURTHER ACTIVITY IS PLANNED AT THE SITE•

CONTAMINANTS • NO CONTAMINATION INFORMATION AVAILABLE · LISTING OF PUBLISHEP IN STITUTIONAl CONmOI SITE REPORT • NOT AN INSTITUTIONAL CONTROL SITE·

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0"'0(# 41577 Job# 91477 130130 No Further Remedial Action Planned Sites (NFRAP)

MAP IP# 1 Distance from Property: 0.00 mi. W

FACILITY INFORMATION EPA 10#: COD000716589 SITE 10#: 0800045 NAME: IDARADO MINE· TELLURIDE ADDRESS' STATE HWY 145 TELLURIDE, CO 81435 COUNTY' SAN MIGUEL

ACTION START DATE COMPLETION DATE RESPONSIBILITY OS • DISCOVERY NOT REPORTED 4/1/1984 STATE (FUND) PA • PRELIMINARY ASSESSMENT NOT REPORTED 4/1/1984 EPA FUND SI • SITE INSPECTION NOT REPORTED 3/1/1985 EPA FUND VS • ARCHIVE SITE NOT REPORTED 3/111985 EPA IN·HOUSE ACTION DESCRIPTIONS OS • (DISCOVERY) • TlHE PROCESS BY WHICH A POTENTIAL HAZARDOUS WASTE SITE IS BROUGHT TO THE ATTENTION OF TlHE EPA. THE PROCESS CAN OCCUR TlHROUGH TlHE USE OF SEVERAL MECHANISMS SUCH AS A PHONE CALL OR REFERRAL BY ANOTIHER GOVERNMENT AGENCY. PA • (PRELIMINARY ASSESSMENT) • COLLECTION OF DIVERSE EXISTING INFORMATION ABOUT TlHE SOURCE AND NATURE OF THE SITE HAZARD. IT IS EPA POLICY TO COMPLETE TlHE PRELIMINARY ASSESSMENT WITHIN ONE YEAR OF SITE DISCOVERY. SI • (SITE INSPECTION) • THE PROCESS OF COLLECTING SITE DATA AND SAMPLES TO CHARACTERIZE THE SEVERITY OF TlHE HAZARD FOR THE HAZARD RANKING SCORE ANDIOR ENFORCEMENT SUPPORT. VS • (ARCHIVE SITE) • TlHE DECISION IS MADE TlHAT NO FURTHER ACTIVITY IS PLANNED AT THE SITE.

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Order1l41577 Job# 91477 140130 Superfund Sites (SF)

MAP l Oti 1 Distance from Property: 0.00 mi. W

SITE INFORMATION EPA 10 : COD000716589 SITE 10 : 0800045 SITE NAME: IDARADO MINE SITE ADDRESS STATE HWY 145 TEllURIDE. CO 81435 SITE COUNTY: SAN MIGUEL ADDITIONAl INFORMATION: NATURAL RESOURCE DAMAGES SITES MAP LINKS: HTTP://EMAPS.DPHE.STATE.CO.US/HMSITEMAP/NPUlDARADO.HTM CONTACT INFORMATION NAME: CAMillE PRICE PHONE' (9701728·5487 SITE SUMMARY LOCATION THE IDARADO MINE IS lOCATED BETWEEN THE TOWNS OF TEllURIDE (POPULATION 1,9501 AND OURAY (POPULATION 7501 IN SAN MIGUEL AND OURAY COUNTIES. A MOUNTAIN RIDGE SEPARATES THE TEllURIDE DISTRICT FROM THE RED MOUNTAIN DISTRICT. THE MINE EXTENDS BENEATH THIS RIDGE, WITH THE WESTERN PORTAL lOCATED ABOUT 2 MilES EAST OF TEllURIDE. IN THE TEllURIDE DISTRICT, THERE ARE 71NFIlTRATION LAGOONS AND 6 TAILINGS PONDS. THE EASTERN PORTAL OF THE MINE IN THE RED MOUNTAIN DISTRICT IS lOCATED ABOUT 11 MilES SOUTH OF OURAY. THIS DISTRICT CONSISTS OF HISTORIC BUllDINGS,lNACTIVE MINES AND 5 TAILINGS PONDS ALONG RED MOUNTAIN CREEK. HISTORY: GOLD AND SilVER MINING BEGAN IN THE 1870'S IN THE AROUND THE PRESENT·OAY TOWNS OF TELLURIDE, OURAY, AND SilVERTON. THERE WERE NUMEROUS SMAll SHAFT AND PLACER MINES THROUGHOUT THE MOUNTAINS, AND MINING ACTIVITY PEAKED FROM 1905 TO 1911. MANY OF THE MINES WERE SHUT DOWN BY 1928. OURING WORLD WAR II, DEMAND FOR MINERALS AGAIN GREW. THE MANY SMAll MINING CLAIMS WERE CONSOllDATEO INTO LARGE COMPANY HOLDINGS SUCH AS THE IDARADO. THE IDARADO MINES AND Mill OPERATED UNTIL 1978. THE MAJORITY OF MINED LAND RECLAMATION HAS BEEN COMPLETED BY THE IDARADO MINING COMPANY, A SUBSIDIARY OF NEWMONT GOLD COMPANY. ENVIRON METAL CONCERNS CHEMICAlS- THE MAJOR HUMAN HEALTH CONCERN IS POSSIBLE EXPOSURE TO HEAVY METALS IN THE TAILINGS, SPECIFICALLY lEAD AND CADMIUM. HOWEVER, HUMAN CONTACT WITH TAILINGS IS MINIMAL THE MAIN IMPACT TO THE AQUATIC SYSTEM IS FROM ZINC, CADMIUM, MANGANESE AND CHANGES IN PH. EXPOSURE THE TAILINGS PilES CONTAIN ELEVATED lEAD lEVELS (1 ,300 TO 10,000 PPMI AND lEAD CONCENTRATIONS IN SOME SOil SAMPLES IN TELLURIDE ARE ELEVATED, A 1986 STUDY, FINANCED BY IDARADO MINING COMPANY, FOUND 7% OF THE CHilDREN TESTED HAD BLOOD lEAD lEVELS ABOVE 10 UG/Dl AND THE AVERAGE WAS 6,1 UG/DL THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDCI HAD ESTABLISHED 25 UG/Dl AS THE BLOOD lEAD lEVEL OF CONCERN FOR CHilDREN AT THAT TIME. IN A COMMUNITY-WIDE STUDY, 9 TO 21 CHilDREN WERE TESTED FOR BLOOD LEAD EACH YEAR FROM 1993 TO 1997. THE AVERAGE BLOOD lEAD CONCENTRATION EACH YEAR WAS 4.2 UGIDL THE CDC BLOOD lEAD lEVEL OF CONCERN FOR CHilDREN IS CURRENTLY 10 UG/DL. HIGH ZINC CONCENTRATIONS ADVERSELY AFFECT AQUATIC liFE IN lOCAL RIVERS AND CREEKS. THE RIVERS ARE NOT SOURCES OF MUNICIPAL DRINKING WATER. FARMERS AND RANCHERS DOWNSTREAM OF THE RED MOUNTAIN DISTRICT HAVE CONCERNS OVER CONTAMINATED IRRIGATION WATER. SITE REMEDIATION.

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OrrJer# 41577 Job# 91477 15 of 30 • ' ~I ______s_up_e_rn_u_n_d_S_'_1e_S_(_S_F_J ______~

IN 1983, THE STATE OF COLORADO FILED SUIT AGAINST THE IDARADO MINING COMPANY FOR NATURAL RESOURCE DAMAGES UNDER CERCLA. THE STATE WAS INVOLVED IN EITHER COURT ACTIONS OR NEGOTIATIONS WITH THE COMPANY UNTIL JULY 1992 WHEN A NEGOTIATED REMEDY WAS FINALIZED IN FEDERAL COURT. THE CLEANUP INVOLVED STABILIZING AND REVEGETATING THE 11 LARGE TAILINGS PILES, CLEARING SEDIMENTS FROM THE UNDERGROUND MINE, DIVERTING SURFACE RUNOFF AROUND MINE WASTES, AND RE·ROUTING INTERNAL MINE WATERS AWAY FROM HIGHLY MINERALIZED REGIONS IN THE UNDERGROUND WORKINGS. ALL WORK HAS BEEN COMPLETED EXCEPT FOR SOME TAILINGS IN SOCIETY TURN. THE STATE IS IN NEGOTIATIONS WITH THE LANDOWNER TO OBTAIN ACCESS TO COMPLETE THE WORK ON THIS SITE.

THE MINING COMPANY PAID FOR NATURAL RESOURCE RESTORATION IN THE AREA AND TO ENHANCE FISH HABITAT. IN 199& THE CITY OF OURAY RECEIVEO FUNOS FROM THE COLORADO OEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO ENHANCE THE AQUATIC HABITAT OF ONE MILE OF THE UNCOMPAHGRE RIVER IMMEDIATELY NORTH OF OURAY.

THE IDARADO MINING COMPANY COMPLETED A MAJORITY OF THE CONSTRUCTION PHASE OF THE IDARADO REMEDIATION IN DECEMBER 1997. IN SEPTEMBER 2000, THE STATE,IDARADO AND TELECAM SIGNED A THREE·PARTY AGREEMENT WHEREIN TELECAM ASSUMED RESPONSIBILITY TO REMEDIATE SOCIETY TURN TAILINGS 2 AND 3, LOCATED ON THEIR PROPERTY. SOCIETY TURN 2 SOUTH, "THE BEACH," WILL BE REMEDIATED INTO A BALL FIELD WHILE ALSO PROVIDING PARKING SPACES AT THAT LOCATION. NEGOTIATIONS CONTINUE WITH SAN MIGUEL VALLEY CORPORATION, OWNER OF SOCIETY TURN TAILINGS PILE NUMBER 1, REGARDING REMEDIATION OF TAILINGS AT THAT LOCATION.

THE IDARADO CREW COMPLETED ENLARGING THE INFILTRATION LAGOONS AT THE UPPER END OF THE SAN MIGUEL VALLEY TO INCREASE THEIR CAPACITY TO ACCOMMODATE SPRING FLOWS FROM THE MILL LEVEL TUNNEL. REVEGETATION OF A PORTION OF TELLURIDE TAILINGS PILES 5·& (TT5·&) WAS CONDUCTED DURING THE SPRING OF 2001 TO IMPROVE GROWTH OF A PORTION OF THE SIDE SLOPE. AS PART OF IDARADO'S PROPOSED "LEGACY PROJECT' TO DEVELOP THEIR PROPERTY IN THE EAST END OF THE VALLEY, THE STATE APPROVED AN ALTERNATIVE SOURCE OF SOIL IN THE EVENT THAT DIRECT REVEGETATION OF THE TAILINGS IS NOT SUCCESSFUL, WHICH, AS SPECIFIED IN THE REMEDIAL ACTION PLAN (RAP), WOULD REQUIRE THE TAILINGS TO BE COVERED WITH SOIL AND REVEGETA TED. IN NOVEMBER 2001, THE PEOPLE OF TELLURIDE VOTED NOT TO ANNEX THE LEGACY PROJECT INTO THE TOWN OF TELLURIDE, HOWEVER.

THUS FAR, THE MINE CLEANUP EFFORT HAS BEEN SUCCESSFUL, WITH THE MAJOR REMEDIAL ELEMENTS CONSTRUCTED AND FUNCTIONING AS DESIGNED.

IN 1999, THE CITY OF OURAY RECEIVED NATURAL RESOURCE RESTORATION FUNDING IN THE AMOUNT OF $417,90& FOR PHASE" OF THE UNCOMPAHGRE RIVER RESTORATION. THE RE.CREATED RIVER CHANNEL AND FLOODPLAIN WAS REVEGETATED WITH WlETLAND AND RIPARIAN VEGETATION TO CREATE WILDLIFE HABITAT AND ENHANCE AQUATIC HABITAT. THE TOWN OF TELLURIDE RECEIVED NATURAL RESOURCE RESTORATION FUNDS IN THE AMOUNT OF $527,500 FOR THE SAN MIQUEL RIVER RESTORATION PROJECT. THE PROJECT CONSISTED OF REHABILITATING A 0.7 MILE DISTURBED STRETCH OF THE SAN MIQUEL RIVER, INCLUDING CHANNEL STABILIZATION, RESTORATION AND ENHANCEMENT OF WETLAND AND RIPARIAN COMMUNITIES, AND CREATION AND ENHANCEMENT OF AQUATIC AND WILDLIFE HABITAT.

THE OURAY TRAIL GROUP, INC. ALSO RECEIVED NATURAL RESOURCE RESTORATION FUNDING IN THE AMOUNT OF $150,000 FOR THE ACQUISITION OF 72 ACRES OF ALPINE HABITAT IN YANKEE BOY BASIN. ALL THREE PROJECTS FUNDED WILL PLACE CONSERVATION EASEMENTS ON THE SUBJECT LAND TO PRECLUDE FUTURE DEVELOPMENT OF THE PROPERTIES IN PERPETUITY. THE COMPANY HAS ALSO FUNDED A FIVE·YEAR BLOOD LEAD SCREENING PROGRAM FOR YOUNG TELLURIDE CHILDREN.

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Ortler# 41577 Job# 91477 16 of 30 Superfund Sites (SF)

IN 2000, THE STATE'S NATURAL RESOURCE TRUSTEES GRANTEO THE MONEY REMAINING IN THE NATURAL RESOURCES DAMAGE RESTORATION (NRDS) FUND THROUGH THE SECOND COMPETITIVE "SOLICITATION FOR PROPOSAL (SFP)" PROCESS: THE TOWN OF TELLURIDE RECEIVED A GRANT OF $16,000.00 TO CONDUCT PHASE II OF THE SAN MIGUEL RIVER RESTORATION PROJECT, WHICH RESTORED RIVER CHANNEL CHARACTERISTICS, RIPARIAN AND WETLAND VEGETATION, AND ENHANCED AQUATIC HABITAT IN THE SAN MIGUEL RIVER FOR APPROXIMATELY 0.3 MILES, FROM THE PINE STREET BRIDGE DOWNSTREAM TO ASPEN STREET; SAN MIGUEL COUNTY RECEIVED A GRANT IN THE AMOUNT OF $93,700.00 TO REHABILITATE 0.3 MILE DISTURBED STRETCH OF THE SAN MIGUEL RIVER, LE., RIVER CHANNEL RESTORATION AND ENHANCEMENT OF APPROXIMATELY 0.5 ACRES OF WETLAND AND RIPARIAN COMMUNITIES, AND CREATION AND ENHANCEMENT OF AQUATIC AND WILDLIFE HABITAT, LOCATED APPROXIMATELY 13 MILES DOWNSTREAM OF TELLURIDE; AND OURAY COUNTY RECEIVED A GRANT OF $174,000.00 TO BE USED TOWARD THE PURCHASE OF 122 ACRES OF SUB· ALPINE ECOSYSTEM IN THE RED MOUNTAIN CREEK WATERSHED. ALL PROJECTS WERE APPROVED WITH THE CONDITION THAT A CONSERVATION EASEMENT BE PLACED ON THE PROPERTY ACQUIRED OR RESTORED WITH NATURAL RESOURCE DAMAGE FUNDS TO PROTECT THEM FROM DEVELOPMENT IN PERPETUITY.

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Ordet# 41577 Job#91477 17 of 30 • · 1~ ______s_u_p_e_rn_u_n_d_s_,_·re_S_(_S_F_J ______-J

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Orrter# 41577 Job# 91477 180130 Unlocatable Summary

This list contains sites that could not be mapped due to limited or incomplete address infonnation.

No Records Found

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Orrle" 41577 Job# 91477 19 of 30 • Environmental Records Definitions - FEDERAL

COL Clandestine Drug Laboratory Locations

VERSION DATE: 09100113

The U.S. Department of Justice ("the Department") provides this information as a public service It contains addresses of some locations where law enforcement agencies reported they found chemicals or other Items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee Its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments The Department does not establish, implement, enforce, or certify compliance with clean-up or remediation standards for contaminated sites; the public should contact a state or local health department or environmental protection agency for that information

EC Federal Engineering Institutional Control Sites

VERSION DATE: 01114114

This database includes site locations where Engineering andlor Institutional Controls have been identified as part of a selected remedy for the site as defined by United States Environmental Protection Agency official remedy decision documents. A site listing does not indicate that the institutional and engineering controls are currenlly in place nor will be in place once the remedy is complete, it only indicates that the decision to include either of them in the remedy is documented as of the completed date of the document tnstitutional controls are actions, such as legal controls, that help minimize the potential for human exposure to contamination by ensuring appropriate land or resource use. Engineering controls include caps, barriers, Dr other device engineering to prevent access, exposure, or continued migration of contamination.

ERNSCO Emergency Response Notification System

VERSION DATE 07127114

This National Response Center database contains data on reported releases of oil, chemical, radiological, biological, andlor etiological discharges into the environment anywhere in the United States and its territories The data comes from spill reports made to the U.S. Environmental Protection Agency, US. Coast Guard, the National Response Center andlor the U.S Department of Transportation

HtSTPST Historical Gas Stations

VERSION DATE' 07101130

This historic directory of service stations is provided by the Cities Service Company. The directory includes Cities Service filling slations that were located throughout the United States in 1930.

HMIRSR08 Hazardous Malerials Incident Reporting System

VERSION DATE' 01110114

The HMIRS database contains unintentional hazardous materials release Information reported to the U.S.

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Ord." 41577 Job. 91477 20 of 30 Environmental Records Definitions - FEDERAL

Department of Transportalion located in EPA Region B. This region includes the follOwing states: Colorado, Montana, North Dakota, South Dakota. Utah, and Wyoming

LUCIS Land Use Control Information System

VERSION DATE: 09/01/06

The lUCIS database is maintained by the U.S. Navy and contains Informalion for former Base Realignment and Closure (BRAC) properties across the United States

NLRRCRAG No Longer Regulated RCRA Generator Faci ~Ues

VERSION DATE: 04/10114

Th is database includes RCRA Generator facilities that are no longer regulated by the United States Environmenta l Protection Agency or do not meet other RCRA reporting requirements This listing includes facilities that formerly generated hazardous waste. Large Quanlity Generators: Generate 1,000 kg or more of hazardous waste during any calendar month; or Generate more than 1 kg of acutely hazardous waste during any calendar month, or Generate more than 100 kg of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, or acutely hazardous waste during any calendar month; or Generate 1 kg or less of acutely hazardous waste during any calendar month, and accumulate more than lkg of acutely hazardous waste at any time: or Generate 100 kg or less of any residue or contaminated soil, waste or other debris resutting from the cleanup of a spill, into or on any land or water, of acutely hazardous waste during any calendar month, and accumulated more than 100 kg of that material at any time. Small Quantity Generators: Generate more than 100 and less than 1000 kilograms of hazardous waste during any calendar month and accumulate less than 6000 kg of hazardous waste at any time, or Generate 100 kg or less of hazardous waste during any calendar month, and accumulate more than 1000 kg of hazardous waste at any time. Conditionally Exempt Small Quantity Generators. Generate 100 kilograms or less of hazardous waste per calendar month, and accumulate 1000 kg or less of hazardous waste at any time, or Generate one kilogram or less of acutely hazardous waste per calendar month, and accumulate at any time t kg or less of acutely hazardous waste: or 100 kg or less of any residue or contam inated soil. waste or other debris resulting from the cleanup of a spill, into or on any land or water. or acutely hazardous waste: or Generate 100 kg or less of any residue or contaminated soil waste or other debris resulting from the cleanup of a spill, into or on any land or water, or acutely hazardous waste during any catendar month, and accumulate at any lime: 1 kg or less of acutely hazardous waste; or 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acutely hazardous waste.

RCRAGROB Resource Conservation & Recovery Ad . Generator Facilities

VERSION DATE: 04/10'14

This database includes sites listed as generators of hazardous waste (large small, and exempt) in the RCRAInfo system. The United States Environmental Proteclion Agency defines RCRAlnfo as the comprehensive information system which provides access to data supporting the Resource Conservation and Recovery Act

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Onler# 41577 Job# 91477 21 0130 • Environmental Records Definitions - FEDERAL

(RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. RCRAlnfo replaces the data recording and reporting abilities of the Resource Conservation and Recovery Information System (RCRIS) and the Biennial Reporting System (BRS). This database includes sites located in EPA Region 8. This region includes the following states: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming , Large Quantity Generators: Generate 1,000 kg or more of hazardous waste during any calendar month, or Generate more than 1 kg of acutely hazardous waste during any calendar month; or Generate more than 100 kg of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, or acutely hazardous waste during any calendar month; or Generate 1 kg or less of acutely hazardous waste during any calendar month, and accumulate more than 1kg of acutely hazardous waste at any time; or Generate 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acutely hazardous waste during any calendar month, and accumulated more than 100 kg of that material at any time. Small Quantity Generators Generate more than 100 and less than 1000 kilograms of hazardous waste during any calendar month and accumulate less than 6000 kg of hazardous waste at any time, or Generate 100 kg or less of hazardous waste during any calendar month, and accumulate more than 1000 kg of hazardous waste at any time. Conditionally Exempt Small Quantity Generators Generate 100 kilograms or less of hazardous waste per calendar month, and accumulate 1000 kg or less of hazardous waste at any time, or Generate one kilogram or less of acutely hazardous waste per calendar month, and accumulate at any time 1 kg or less of acutely hazardous waste, or 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, or acutely hazardous waste, or Generate 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, or acutely hazardous waste during any calendar month, and accumulate at any time 1 kg or less of acutely hazardous waste, or 100 kg or less of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acutely hazardous waste,

RCRANGROB Resource Conservation & Recovery Act ~ Non-Generator FaCilities

VERSION DATE: 04110114

This database identifies RCRAlnfo system sites that only handle hazardous waste, such as transporters, without generating any amount hazardous waste, The United States Environmental Protection Agency defines RCRAlnfo as the comprehensive information system which provides access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984, RCRAlnfo replaces the data recording and reporting abilities of the Resource Conservation and Recovery Information System (RCRtS) and the Biennial Reporting System (BRS). This database includes sites located in EPA Region 8 This region Includes the following states Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming

RCRASC RCRA Sites with Controls

VERSION DATE 01 114114

This list of Resource Conservation and Recovery Act sites with institutional controls in place is provided by the U.S Environmental Protection Agency

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Ottl.rlI41577 Job# 91477 220/30 Environmental Records Definitions - FEDERAL

TRI Toxies Release Inventory

VERSION DATE: 12131112

The Toxics Release Inventory, provided by Ihe United States Environmen tal Protection Agency, includes data on toxic chem ica l releases and waste management activities from certain industries as well as federal facilities . This inventory contains Information about the types and amounts of toxic chemicals that are released each year to the air, water, and land as well as information on the quanltties of toxic chemicals sent to other facilities for further waste management.

BF 8rownnelds Management System

VERSION DATE: 04115114

Brownfields are real property, the expansion redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and Pfotects the environment. The United States Environmental Protection Agency maintains this database to track activities In the various brown field grant programs including grantee assessment, site cleanup and site redevelopment

CERCLIS Comprehensive Env;ronmental Response. Compensation & liability Information System

VERSION DATE· 10125113

CERCLIS Is the repository for site and non-site speCific Superfund information in support of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) This United States Environmental Protection Agency database contains an extract of sites that have been investigated or are in the process of being investigated for potential environmental risk

NFRAP No Further Remedial Action Planned Siles

VERSION DATE. 10125113

This database includes sites which have been determined by the United States Environmental Protection Agency, following preliminary assessment to no longer pose a significant risk or require further acbvity under CERCLA. After initial investigation, no contamination was found, contamination was quickly removed or contamination was not serious enough to require Federal Superfund action or NPL consideration

NLRRCRAT No longer Regulated RCRA Non·CORRACTS TSO Fadlities

VERSION DATE. 04110114

This database includes RCRA Non-Corrective Action TSD facilities that are no longer regulated by the Untted States Env~onmental Protection Agency or do not meet other RCRA reporting requirements. This listing Includes facilities that formerly treated, stored or disposed of hazardous waste

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Ottlerll41577 Job# 91477 23 of 30 • .r------, Environmental Records Definitions - FEDERAL

001 Open Dump Inventory

VERSION DATE' 06101185

The open dump inventory was published by the United States Environmental Protection Agency. An ·open dump· is defined as a facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944) and which Is not a facility for disposal of hazardous waste This inventory has not been updated since June 1985

RCRAT Resource Conservation & Recovery Act ~ Treatment, Storage & Disposal FacUities

VERSION DATE: 04/10/14

This database includes Non·Corrective Action sites listed as treatment, storage andlor disposal facilities of hazardous waste in the RCRAlnfo system The United States Environmental Protection Agency defines RCRAlnfo as the comprehensive information system which provides access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. RCRAlnfo replaces the data recording and reporting abilities of the Resource Conservation and Recovery Information System (RCRIS) and the Biennial Reporting System (BRS).

ONPL Delisted National Priorities list

VERSION DATE 10/25/13

This database includes sites from the United States Environmental Protection Agency's Final National Priorties List (NPL) where remedies have proven to be satisfactory or sites where the original analyses were inaccurate, and the site is no longer appropriate for inclusion on the NPL, and final publication in the Federal Register has occurred.

NLRRCRAC No longer Regulated ReRA Corrective Action Facilities

VERSION OATE: 04/10/14

This database includes RCRA Corrective Action facilities that are no longer regulated by the United States Environmental Protection Agency or do not meet other RCRA reporting requirements

NPL National Priorities list

VERSION DATE: 10/25/13

This database includes United States Environmental Protection Agency (EPA) National Priorities List sites that fall under the EPA's Superfund program, established to fund the cleanup of the most serious uncontrolled or abandoned hazardous waste sites identified for possible long-term remedial action.

PNPL Proposed National Priorit.es Ust

VERSION DATE 10125113

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Orri.r# 41577 Job# 91477 24 of 3D • Environmental Records Definitions - FEDERAL

This database contains sites proposed to be included on the National Priorities Ust (NPL) in the Federal Register. The United States Environmental Prolection Agency investigales Ihese siles 10 delennine if they may presenllong-Ienn Ihreals 10 public heallh or Ihe environment.

RCRAC Resource Conservation & Recovery Act - Corrective Action Facilities

VERSION DATE: 04/10/14

This dalabase includes hazardous wasle siles listed wilh correclive aclion actlvily In Ihe RCRAlnfo syslem. The Correclive Aclion Program requires owners or operalors of RCRA facililies (or Irealmenl, slorage. and disposal fadlilies) 10 invesligale and cleanup contamination in order 10 prolect human health and lhe environment. The Uniled Siaies Environmenlal Prolection Agency defines RCRAlnfo as Ihe comprehensive infonnalion syslem which provides access to dala supporting Ihe Resource Conservalion and Recovery Acl (RCRA) of 1976 and the Hazardous and Solid Wasle Amendments (HSWA) of 1984 RCRAlnfo replaces Ihe dala recording and reporting abilities of the Resource Conservalion and Recovery Infonnalion Syslem (RCRIS) and Ihe Biennial Reporting System (BRS).

ROPS Record Dr Oeclsion Syslem

VERSION DATE: 07101113

These decision documenls mainlained by !he Uniled Siaies Environmenlal Proleclion Agency describe the chosen remedy for NPL (Superfund) site remediation They also include sile hislory, sile descrlplion, sile characteristics , community participation, enforcement activUies , past and present activities, contam inated media. the contaminants present, and scope and role of response action.

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Onlerll41577 Job# 91477 25 of 30 • Environmental Records Definitions - STATE (CO)

COL Clandestine Drug Laboratory Locations

VERSION DATE: 04128114

This list of Methamphelamine lab seizures is provided by multiple sources: the North Metro Task Force, FACTS (Forensic Applications Consulting Technologies, Inc) and the Colorado Springs Police Department. The North Metro Task Force list of Methamphetamine labs were seized between 2001 and 2010. The North Metro area includes the following C"ies and Counties of Colorado: Adams County, Broomfield, Brighlon, Commerce City, Federal Heights, Northglenn, Thornton, and Weslminsler. According to Section 2 of Colorado Revised Statutes "25-18.5-103. Discovery of an illegal drug laboratory - property owner - clean-up -liability. (1) (a) Upon notification from a peace officer that chemicals, equipment, or supplies indicative of an illegal drug laboralory are located on a property, or when an illegal drug laboratory used to manufacture methamphetamine is otherwise discovered and the property owner has received notice, Ihe owner of any contaminated property shall meet the cleanup standards for property eSlablished by the board in section 25-18 5-102". The FACTS and Colorado Springs Police Department Methamphetamine labs were seized between 2001 and 2014.

AST Aboveground Storage Tank Facililies

VERSION DATE' 08/28114

The Oil and Public Safety Division of the Colorado Department of Labor and Employment maintains this list of aboveground slorage tank (AST) facililies. This AST database also indudes olher types of storage tank facilities such as liquefied petroleum gas (LPG), vehicle lank melers (VTM), and compressed nalural gas facilities.

COVENANTS Environmental Real Covenants list

VERSION DATE: 03131114

Senate Bill 01-145 gave authority to the Colorado Department of Public Health and Environment to approve requesls to restrict the future use of a property using an enforceable agreement called an environmental covenant. These covenants, which are recorded with the deed and run wilh the land, provide a mechanism to ensure that institulional controls that are part of environmental remediation projecls are properly implemenled and that engineered structures are prolected and maintained, so that implemented remedies continue to be protective of human health and the environment for as long as any residual contamination remains a risk .

HWSG Hazardous Waste Siles- Generator

VERSION DATE: 06/30/03

The Resource Conservation and Recovery Act (RCRA) was enacted by congress in 1976, followed by the promulgation of implementing regulations in 1980, In 1984, the Slate was authorized by EPA to implement the RCRA program in Colorado on their behalf. This facility listing includes RCRA sites lisled as generalors of hazardous waste (Small Quantity Generators and Large Quantity Generators) and was provided by the Colorado Department of Public Health and Environment. Small Quantity Generators (SQG) generate, in any calendar month, more than 100 kg (220 Ibs.) but less than 1,000 kg (2,200 Ibs.) of RCRA hazardous waste; and generate, in any calendar month, or accumulate at any lime, no more than 1 kg (2.2 Ibs.) of acute hazardous waste and no more than 100 kg (220 Ibs.) of material from

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Orderll41577 Job# 91477 260130 • Environmental Records Definitions - STATE (CO)

the cleanup of a spill of acute hazardous waste: and accumulate on-site no more than 6000 kg (13,200 Ibs) of hazardous waste at anyone time; or, the site is a Small Quantity Generator if the site met all other criteria for a Conditionally Exempt Small Quantity Generator, but accumulated, at any time. more than 1,000 kg (2,200 Ibs.) of RCRA hazardous waste. Large Quantity Generators (LQG) generate. in any calendar month, 1,000 kg (2.200 Ibs.) or more of RCRA hazardous waste; or generate. in any calendar month, or accumulated al any time, more than 1 kg (2.2 Ibs.) of RCRA acute hazardous waste: or generate, in any calendar month. or accumulaled at any time, more than 100 kg (220 Ibs.) of spill cleanup material conlaminated with RCRA acute hazardous waste.

SPILLS Spills Listing

VERSION DATE: 06/19/14

The Colorado Department of Public Health and Environmenrs Division of Emergency Preparedness and Response maintains this listing of chemical spills andlor releases.

UST Underground Storage Tank Facilities

VERSION DATE ' 08128114

The Oil and Public Safety Division of the Colorado Departmenl of Labor and Employment maintains thiS lisl of underground storage tank facililies

HISTSWLF Historical Solid Waste Landfits

VERSION DATE : NR

This historical solid wasle landfills database conlains data from the Hazardous Malerials Waste Managemenl Division (HMWMD) of Ihe Colorado Department of Public Health and other various stale and local agencies. In the early 1980s, the HMWMD conducted a survey of slaff members and local agencies 10 compile Ihis lisling of s.les Ihat were known or thought 10 have wasle issues This Solid Waste Historical Dala is not considered complete or verifiable and has nol been maintained since Ihe lale 1980s. The HMWMD is not responsible and shall nol be liable to the used for damages of any kind arising out 01 the use 01Ihis dala or inlonnalion

HWSTSD Hazardous Waste Siles- Treatment. Storage & Disposal

VERSION DATE' 06/30/03

The Resource Conservalion and Recovery Act (RCRA) was enacled by congress in 1976, lollowed by Ihe promulgalion of implementing regulalions in 1980 In 1984, Ihe Slate was authorized by EPA to Implemenllhe RCRA program In Cotorado on their behalf TSD facolilies Ireat, store, dispose, or recycle hazardous waste on sile In units and Iherefore are subjecl to RCRA pennitting requirements Hisloric TSDs are facililies thai have compleled closure andlor posl-closure of Ihe RCRA Sublille C Regulaled Unil(s) or lhe TreatmenVSloragelDisposal Unit is no longer regulaled. This database was provided by the Colorado Departmenl of Public Health and Environment.

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Orderll41Sn Job. 91477 27 of 30 • Environmental Records Definitions - STATE (CO)

LST Leaking Storage Tank Facilities

VERSION DATE: 06128114

The Oil and Public Safety Division of the Colorado Department of Labor and Employment maintains this list of leaking aboveground and underground storage tank facilities.

LUSTTRUST Leaking Underground Storage Tanks Trust Fund Siles

VERSION DATE 01101100

Suspected tank leaks have been discovered at the sites included in this database, but the facility responsible for the teak has not been identified. The state's investigtion and search for responsible parties is paid for out of the state's Leaking Underground Storage Tank (LUST) Trust Fund This database was provided by the Colorado Department of Labor & Employment Division of Oil and Public Safety, State Fund Section and is no longer updated

METHANESITES Methane Gas Study Sites

VERSION DATE: 01101181

This Investigation of Methane Gas Hazards report was prepared by the Denver Office of Emergency Preparedness in 1981 . The purpose of this study was to assess the actual and potential generation, migration, explosive and related problems associated with specified landfills, and to identify existing and potential problems, suggested strategies to prevent, abate, and control such problems and recommend investigative and monitoring functions as may be deemed necessary. The Colorado Department of Health selected eight landfills as priorities due to population density and potential hazards to population and property.

SWF Solid Waste Facilities

VERSION DATE 08/18/14

The Colorado Department of Public Health and Environment maintains this database of active solid waste disposal facilities, transfer stations , recyclers, waste tire registrants , and waste grease registrants

veRA Voluntary Cleanup and Redevelopment Program Sites

VERSION DATE' 06/14/14

This site listing is provided by the Colorado Department of Public Health and Environment (CDPHE) and includes both voluntary cleanup and brownfield properties The Voluntary Cleanup and Redevelopment program was created in 1994. The objective of the program is to facilitate the redevelopment and transfer of contaminated properties. Properties that sit untouched because of their real or perceived contamination can be rehabilitated using the CDPHE's Brownfields Program in conjunction with the Voluntary Cleanup Program Cleanup decisions are based on existing standards and the proposed use of the property The actual cleanup and verification is the owne(s responsibility.

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280f30 • Environmental Records Definitions - STATE (CO)

HWSCA Hazardous Waste Siles- Corrective Action

VERSION DATE- 06/30/03

The Resource Conservation and Recovery Act (RCRA) was enacted by congress in 1976, followed by the promulgation of Implementing regulations in 1980, In 1984, the Hazardous and Solid Waste Amendments (HSWA) were added to RCRA providing for corrective action at facilities subject to RCRA, That same year, the State was authorized by EPA to implement the RCRA program in Colorado on their behalf, Corrective action may be implemented as part of a RCRA Hazardous Waste Permit, an Order. or a Corrective Action Plan pursuant to the Colorado Hazardous Waste Regulations, Corrective action is the process by which regulated facilities Investigate and remediate, as necessary. all contamination (soil. ground water, surface water, air) associated with their releases into the environment Historic Corrective Action Sites are facilities that have completed the RCRA Subtitle C corrective Action process This database was provided by the Colorado Department of Pubflc Health and Environment

SF Superfund Siles

VERSION OATE: 06/01103

This listing contains active, deleted and proposed "Superfund" hazardous waste sites, as well as those sites identified through the Natural Resource Damages section of Superfund legislation and one Private Non­ Superfund Cleanup site_ A site quafi fles for the National Priorities List (NPL or Superfund list) when the U S, Environmental Protection Agency (EPA) determines there is a release or threatened release of hazardous substances that may endanger public health. welfare or the environment. tn Colorado, the lead agency for Superfund remediation may be either the EPA or the Colorado Department of Public Health and Environment

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Orcl.r# 41577 Job# 91477 290f30 Environmental Records Definitions - TRIBAL

USTR08 Underground Storage Tanks On Tribal Lands

VERSION DATE: 11125113

This database, provided by the United States Environmental Protection Agency (EPA), contains underground storage tanks on Tribal lands located in EPA Region 8 This region includes the following states· Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.

LUSTR08 Leaking Underground Storage Tanks On Tribal lands

VERSION DATE: 11125113

This database, provided by the United States Environmental Protection Agency (EPA), contains leaking underground storage tanks on Tribal lands located in EPA Region B. This region includes the following states Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming

ODINDIAN Open Dump Inventory on Tribal lands

VERSION DATE: 11108106

This Indian Health Service database contains infonmation about facilities and sites on tribal lands where solid waste is disposed of, which are not sanitary landfillS or hazardous waste disposal facilities, and which meet the criteria promulgated under section 4004 of the Solid Waste Disposal Act (42 USC 6944).

INDIANRES Indian Reservations

VERSION DATE: 01101100

The Department of Interior and Bureau of Indian Affairs maintains this database that includes American Indian Reservations, off-reservation trust lands, public domain allotments, Alaska Native Regional Corporations and Recognized State Reservations

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Ottler# 41577 Job# 91477 30 of 30 •

ASTM E1527 PHASE I ESA REPORT - Tronox Mining Claims (Ouray County, CO)

APPENDIXC

SITE RECONNAISSANCE PHOTOGRAPHS

Rare Earth SCience, LLC January 2015 • •

Photo Log: Tronox Mining Claims 10 & 15 October 2014 Rare Earth Science, LLC

094 View of E of OCHS signage (at Corkscrew Gulch railroad turntable) on Little Mona claim 095 View S of scrap and remnants of Corkscrew Gulch railroad turntable on Little Mona claim 097 View S-SE of Corkscrew Gulch from far east end of Humbolt claim 099 View of old log structure near collapsed adit on Sierra Nevada claim 100 View NE of waste-rock pile and natural drainage near coliapsed adit on Sierra Nevada claim 101 View NE of typical old prospect pit on Sierra Nevada claim 103 View SW of unnamed drainage on Sure Enough and Sierra Nevada claims 107 View of abandoned Silverton Railroad grade on Mona's Queen claim 108 View W across Mona's Queen and Lrttie Mona claims from CR 20A on east side of Corkscrew Guich 109 View SW toward Sierra Nevada! HumboltiSure Enough claims from east side of Corkscrew Gulch 122 View E of mine tunnel and scrap ore-cart rails/tracks on English Maid claim 123 View NW from the mine area on English Maid claim along unnamed drainage and Corkscrew Gulch 125 View E of safeguarded mine tunnel and minor seepage on English Maid claim 126 View N of waste-rock pile at mine area on Enolish Maid claim 128 View N on steep upper reaches of Blue Beli and Silver Bud claims 130 View NW from upper Silver Bud claim toward Pacific claim 133 View Wand downslope on unnamed draina~e on lower reaches of Silver Bud and Blue Bell claims 134 View E across upper part of Silver Bud claim 135 View W-NW and downslope into Corkscrew Gulch on Daisy and Vulcan claims 136 View E and upslope on Daisy claim 138 View otllossible small prospect pit on Daisy claim 141 View E in unnamed intermittent drainage below English Maid claim (waste-rock pile is right of center) 142 View N of lower reaches of English Maid and Daisy claims 143 View E across SI. Brides claim 149 View NE in central portion of SI. Brides claim 155 View NE of Light and Tip Top claims 156 VieW SE toward Mineral Belt claim (in upper center of photo) 158 View E of Mineral Belt claim 159 View N across Light and Tip Top claims 162 Distance view N across Light and Tip Top claims 164 View E across Mineral Be~ claim 174 View NE across Mineral Belt claim 183 View W-SW of unnamed, highly-eroded drainage channel across Extension claim 187 View W-NW across Extension claim 192 View NW across Extension claim

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ASTM E1527 PHASE I ESA REPORT - Tronox Mining Claims (Ouray County, CO)

APPENDIX D

PREPARER'S QUALIFICATIONS

Rare Earth Science, LLC January 2015 JAMES ARMSTRONG - PRiNcipAl ENViRONMENTAl GEOloGisT

James Armstrong is an environmental scientist and geologist with extensive experience in project management, field studies, site characterization, remedial action, and regulatory compliance. For the past 25 years, he has worked as a consultant for oil & gas, mining, federaVstateliocal government, law firm, non-profit, and financial-institution clients in the western United States. Mr. Armstrong's areas of specialization include site research, environmental planning and permitting, and development and evaluation of regulatory-compliance programs. His selected project experience includes: • Project manager and field scientist for Transaction Screen Process (TSP) and Phase 11111111 Environmental Site Assessments (ESAs) at 350+ locations in Alaska, Colorado, Hawaii, Montana, Oregon, Utah, and Washington. The ESAs were conducted in accordance with ASTM Standard Practices and performed at a variety of commercial, industrial, residential, agricultural, and undeveloped land parcels as part of the property-transfer process. The work was performed to characterize (and, in some cases, remediate) potential sources of hazardous materials on or adjacent to the properties. • Project manager and field scientist for Phase I and TSP ESAs and National Environmental Policy Act (NEPA) evaluations performed at 75 different locations in the western United States for proposed telecommunication sites. Each site was physically inspected, current uses and site conditions were documented, and interviews and record searches were conducted. NEPA summary reports and biological assessments were also performed at each site, which included the evaluation of wetlands, threatened and endangered species, critical/priority habitat, and cultural/historical resources. • Project geologist and field scientist for Phase 1111 ESAs on approximately 5,000 acres of private mining claims in the Elk and San Juan Mountains, and the Sawatch and Mosquito Ranges, in Colorado and 3,500 acres of mining claims in the Kantishna Hills area of Denali National Park, Alaska. Responsible for evaluating present conditions and contamination resulting from 120+ years of placer and lode mining operations. Also responsible for extensive ground mapping, GPS surveys of claim locations, collection of numerous surface water and soil samples for laboratory analysis, and preparation of corrective-action plans. • Project manager and field scientist for research and evaluation services related to acquisition of several commercial mining properties in Garfield, Mesa, Routt, and San Miguel Counties. Projects included field reconnaissance to determine potential environmental liabilities; research and review of on-site geologic, soil, and hydrological conditions; preparation of mineral reserve estimates; preparation of sampling and remedial action documents; supervision of survey crews; oversight of cleanup contractors; and extensive agency reporting.

Education B.S., Geology, Kansas State University 1983 Graduate Studies, Environmental Engineering, University of Alaska, Anchorage 1993-1994

Consulting History Dames & Moore (Anchorage, AK) - 1990 to 1991 ENSR Consulting and Engineering (Anchorage, AK) -1991 to 1995 Hoefler Consulting Group (Anchorage, AK) - 1995 to 1998 Harding Lawson Associates (Grand Junction, CO) - 1998 to 2000 OASIS Environmental, Inc. (Grand Junction, CO and Anchorage, AK) - 2000 to 2002 Rare Earth Science, LLC (Grand Junction and Gunnison, CO) - 2002 to present

RARE EARI11 SciENCE JANUARY 20 I ~