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Durango may move forward with Superfund support letter

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Sunday, Jan. 31, 2016 11:15 PM
Environmental Protection Agency crews stabilize the portal of the Gold King Mine after triggering a 3 million gallon release of acid drainage in August.

Although Silverton and San Juan County officials last week delayed a decision on seeking Superfund status, Durango City Mayor Dean Brookie is considering sending a letter to Gov. John Hickenlooper supporting the designation for the mining network near Silverton.

Durango and La Plata County governing boards unanimously supported Superfund designation by formal resolutions this month with the idea of collectively sending their requests to the governor in conjunction with San Juan County and Silverton.

“We anticipated the resolution would be choreographed with La Plata County, Silverton and San Juan County to all go in together and be mutually supportive,” Brookie said. “We want to be supportive of Silverton, but we also understand the process is a long one, and things like the name of the Superfund is part of the process, but not part of the simple request to the governor. This is one step in the process, so it’s astounding they want to have all their i’s dotted and t’s crossed.”

San Juan County and Silverton officials were expected to vote Thursday to ask Hickenlooper to request Superfund designation, but the decision was delayed as the communities navigate agreements with the Environmental Protection Agency.

Sunday is the deadline to submit a request to be considered in March for National Priorities Listing. Silverton area officials say the town is on track for a spring consideration despite the postponed vote, but communities to the south want their voices heard sooner rather than later.

In August, an EPA-contracted crew triggered a spill at the Gold King Mine just north of Silverton, dumping 3 million gallons of metal-laden sludge into the Animas and San Juan rivers.

The catastrophe rekindled conversations of Superfund to clean up pollution caused by the area’s inactive and abandoned mines, and Silverton agreed late last year to explore Superfund status.

At a Tuesday public hearing, Silverton and San Juan County officials said they are waiting for the EPA to respond regarding the community’s terms, which include reimbursement for costs related to the blowout, establishing boundaries of the potential Superfund and the community retaining a stake in decision-making.

Echoing the sentiments of residents, city officials and county officials, Brookie argues that Durango received the brunt of the effects from the spill, and time is of the essence.

If Silverton isn’t considered for Superfund status in March, the next window is in September.

“I think of the impact to our tourists and the water system directly, which impacts 20,000 people that drink it and have drank it over 100 years,” Brookie said. “Our needs are different, but equally important.”

Sending the letter does not require another vote; it’s an executive decision, and Brookie said Friday he had not decided. He and City Manager Ron LeBlanc were in Denver on Friday.

La Plata County Commissioners were out of the office Friday, but when asked if La Plata County agreed with Brookie, Commissioner Gwen Lachelt responded by email.

“I’ve made the point several times that in many ways, La Plata County was more affected by the Gold King Mine spill and historical acid mine drainage than San Juan County,” she wrote. “I have also made the point that the Superfund rules and governors should consider all affected communities when considering Superfund listings. In that spirit, and in all due respect to Silverton and San Juan County, I am in support of La Plata County sending a letter to the governor ahead of our neighbors to the north.”

Silverton and San Juan County officials did not respond to calls for this story. The town council and the commissioners have regular meetings scheduled for Monday and Tuesday, respectively, but Superfund was not on either agenda.

Durango city councilors were asked if they think Durango’s and La Plata County’s role in supporting Superfund should be active or passive – whether they should appeal to Hickenlooper independently, or wait for the Silverton community to sort out negotiations before making a move.

“As for that, I don’t understand the politics,” Councilor Keith Brant said. “There’s consensus for all of us: We need Superfund to get the funds to clean it up properly. Without that, no one has the money.”

jpace@durangoherald.com

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