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References

1Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT" page 1, paragraph 4.

2EPA Fact Sheet, Surface Water Technical Impracticability Evaluation, May 2018. "Although the implemented remedial actions have significantly reduced the amount of contaminants that reach Silver Bow Creek, water quality still exceeds certain state standards for short term (acute) exposure to aquatic life during wet weather (which includes rain storms and snow melt), and exceeds certain state standards for longer term (chronic) exposure to aquatic life during normal flow."

3Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT" page 1, paragraph 4.

4Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit.

5Summary 2018 fact sheet "Moving Forward", on EPA website.

6The 1878 Bland-Allison Act (20 Stat. 289), required the Treasury Department to purchase "not less than two million dollars' worth [of silver bullion] per month," and the 1890 Sherman Silver Purchase Act (26 Stat. 289) increased this federal purchasing program, requiring the Treasury Department to buy "four million five hundred thousand ounces" of silver "in each month." The United States itself profited directly from this silver business, with "seigniorage" from silver being one of the largest revenue generators for the entire federal government during these years, when the Treasury Department created a special deposit account called "the Silver Profit Fund." See, e.g., Annual Report of the Secretary of the Treasury on the State of the Finances (1882), Appendix (Report on the Silver Profit Fund), pp. 53-56.

7For an explanation of the practice of the United States, under the General Mining Law of 1872, of allowing and encouraging mining and mineral processing to take place on "unpatented" lands owned by the United States, see, e.g., Chevron Mining Inc. v. United States, No. 15-2209, Slip Op. at pp. 13-26 (10th Cir., July 19, 2017).

8Background facts from Mining History Assoc.,"The Mining History of Butte and Anaconda".

9"The Battle for Butte" by Michael P. Malone, 1981. Pages 8-9; State of Montana, Bureau of Mines and Geology, "History of the Early Reduction Plants of Butte, Montana" by Ralph I. Smith, 1953. Pages 1-2, 5.

10"The Battle for Butte" by Michael P. Malone, 1981. Pages 44-53. "Copper for America" by Charles K. Hyde, 1998. Pages 81-89, 104, 177. "Meet Joe Copper: Masculinity & Race on Montana's World War II Homefront" by Matthew L. Basso, 2013. Page 19.

11"History of the Early Reduction Plants of Butte, Montana" by Ralph I. Smith, 1953. Pages 14-16; Montana School of Mines, Annual Catalogues, 1909-1916, Hathi Trust Collection.

12"History of the Early Reduction Plants of Butte, Montana" by Ralph I. Smith, 1953. Pages 7-8, 13.

13"Anaconda" by Isaac F. Marcosson, 1957. Pages 5 and 48. "Copper for America" by Charles K. Hyde, 1998. Pages 88-89, 104, 177.

14"Manganese Oxide Deposits Near Butte and Development Since 1942" by Emmett M. Gilmore (1948). Pages 21-22, Montana Tech Library, Digital Commons @ Montana Tech.

15U.S. EPA "Action Memorandum Amendment" (March 12, 1992), regarding "manganese ore and tailings...leftover from efforts by the Department of Defense (DOD) during World War II to process manganese at the Butte Reduction Works plant." pp., 1. 3; Letter from Kurt Groepler, U.S. Bureau of Reclamation, to Ron Betram, U.S. EPA, Region 8, Montana Office (Dec.2, 1992) regarding "Manganese Ore Relocation and Stockpiling."

16Kipp v. Davis Daly Copper Co., 41 Mont. 509,518-519 (1910);—The American and English Annotated Cases, vol. XXI, p. 1375 (1911).

17"WPA Project Application" and "Recommendation for Allotment" (November 1935), regarding "[e]xcavation and riprapping of Silver Bow Creek."

18"Copper for America" by Charles K. Hyde, pp. 104, 177; "Meet Joe Copper: Masculinity & Race on Montana's World War II Homefront" by Matthew L. Basso, 2013. Page 19.

19See Executive Order 7037; and 49 Stat. 1363, An Act to provide for rural electrification and other purposes.

20For example, although amended by later enactments, the General Mining Law of 1872 - 30 U.S.C. § 21a, et seq. - remains law today, and current Montana law continues to grant eminent domain and right-of-way powers to the mining industry. § 70-30-102 (31), (33), (44), MCA; § 82-2-201, MCA.

21See, e.g., "Meet Joe Copper: Masculinity & Race in Montana's World War II Home Front," Page 5 (2013), by Michael Basso.

22See, e.g., "The War Industries Board: Business-Government Relations During World War I," pp. 1, 49, 59 (1973) by Robert Cuff; "Meet Joe Copper: Masculinity & Race in Montana's World War II Home Front," pp. 111 (2013), by Michael Basso.

23"Copper for America" by Charles K. Hyde, pp. 104; "Meet Joe Copper: Masculinity & Race in Montana's World War II Home Front," pp. 20-21 (2013), by Michael Basso; "All Nations: Exhibit Honors Butte's Ethnic Groups"; "Butte Archives: Time to Highlight German, Jewish, Finnish, Hispanic"; "All Nations: Preserving the Ethnic Heritage of Butte, Montana"; "Butte, Montana is the Most Irish-American City According to 2010 US Census"

24"Butte, A World Class Ore Deposit," Steve J. Czehura, Montana Resources, LLP, Butte, MT; March, 2006; pages 5 and 6.

25Atlantic Richfield SEC report, 1985.

26Add end note, page 5: Montana Resources Annual Engineer of Record Report, 2016, Executive Summary. Page 5. "Montana Resources Inc. (MRI) was formed to successfully resume mining in the Continental East pit. The company now employs about 350 people and produces 50,000 tons of copper-molybdenum ore per day."

27U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page vi, "Historical mining activities in Butte, Montana, and the surrounding areas generated a variety of wastes. Mining waste disposal practices and mining activities contaminated soil, sediment, groundwater and surface water with arsenic and other heavy metals, leaving the natural landscape of the area void of vegetation and wildlife."

28American Heritage, "Butte, America," by Dan Baum, April 1997, page 6, paragraph 32,"The six square miles of uptown Butte...is also the second-biggest National Historic Landmark District, after downtown Lowell, Massachusetts."

29U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, Page vii, "The remedy at BPSOU (OU 8) is expected to be protective of human health and the environment upon completion. In the interim, exposure pathways that could result in unacceptable risks are being controlled."

EPA fact sheet, A Quick Look at Superfund in Montana, 2019. page 1, paragraph 4.

30EPA Fact Sheet, Surface Water Technical Impracticability Evaluation, May 2018, paragraph 5, "Although the implemented remedial actions have significantly reduced the amount of contaminants that reach Silver Bow Creek, water quality still exceeds certain state standards for short term (acute) exposure to aquatic life during wet weather (which includes rain storms and snow melt), and exceeds certain state standards for longer term (chronic) exposure to aquatic life during normal flow."

31U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page vii, "The remedy at BPSOU (OU 8) is expected to be protective of human health and the environment upon completion. In the interim, exposure pathways that could result in unacceptable risks are being controlled."

32EPA 2006 Record of Decision, page D-2.

331988 AOC CERCLA-VIII-88.

34Part of the Lower Area One Expedited Response Action (ERA). The 2006 ROD reports this work was completed in 1998.

35Attic data found in Butte Silver Bow County 2018 Construction Completion Report.

36BSB 2018 Construction Completion Report.

37Annual Operations and Maintenance (O&M) Report, Butte Treatment Lagoon System, Atlantic Richfield Company, 2019.
Annual Operations and Maintenance (O&M) Report - Appendix A and C
Annual Operations and Maintenance (O&M) Report - Appendix BR

38"BPSOU Groundwater Remedy—Capture and Treatment of Metals-Impacted Groundwater in Butte" (2017), by Loren Burmeister and Mike Borduin, Guest Lectures.

39Dakota Matrix Minerals, The Butte Mining District, Butte, Montana, A Summary of the History, Geology & Minerals, by Tom Loomis.

40U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page 2.

41See above, History Section, and notes 9–11

42U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page 2.

43Mining History Assoc. "The Mining History of Butte and Anaconda".

44U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page 2.

45Proposed plan for Record of Decision Amendment, Anaconda Water, Waste, and Soils Operable Unit, Anaconda Smelter Superfund Site.

46Atlantic Richfield SEC report, 1985.

47Atlantic Richfield SEC report, 1985.

481994 ROD & Consent Decree (with Appx C).

49U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page 3,

50Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," 2019. page 2.

51Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," 2019. page 2.

52Summary Report of the Potential Responsible Party (PRP) and Federally Funded Removal Actions taken at Walkerville/Sherman Ballfield site, Ecology and Environment, Nov 1988; U.S. EPA Fourth Five-Year Review Report for Silver Bow Creek/Butte Area Superfund Site, 2016, Page 3.

532006 BPSOU ROD, p.2-14.

54Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," page 2.

55EPA 2006 ROD

56EPA 2006 ROD

57Administrative Order on Consent for Remedial Investigation/Feasibility Study for Butte Priority Soils: EPA Docket No. CERCLA-VIII-92-18, EPA, 1992.

58EPA 2006 ROD

59EPA 2006 ROD

60Time Critical Removal Action Completion Report Missoula Gulch Storm Water Improvements, Atlantic Richfield, 1998; "Final Design Report Storm Water Time Critical Removal Action Buffalo Gulch & Upper Kelley Mine Yard", prepared by Thomas, Dean & Hoskins for ARCO, Oct 1998; Construction Completion Report-Storm Water Time Critical Removal Action Buffalo Gulch & Upper Kelley Mine Yard, Pioneer, March 1999; Construction Completion Report Alice Dump, Pioneer, March 2000.

61BPSOU RI/FS & LAO Expedited Response Action Phase II Monitoring Work Plan & Sampling & Analysis Plan (Updated Sept. 1998), ESA, July 1998.

62MT Dept. of Justice website, Settlements, 1999 Consent Decree between State and ARCO, 1999 Streamside Tailings Operable Unit and Federal and Tribal Consent Decree.

63Clark Tailings Consolidated Waste Management Area Construction Completion Report, Volume I, Volume II and Volume III, Ecology and Environment, MSE-HKM, AECI, 1998; Copper Mountain Sports and Recreation Complex Operations and Maintenance Manual, AERL and BSB, Dec 2001.

64Phase II Remedial Investigation/Feasibility Study Preliminary Draft Feasibility Study Report—PRP Review Draft—Sections 1 through 5, MFG, March 2002; Phase II Remedial Investigation/ Feasibility Study Draft Feasibility Study Report (PRP Group Review Draft), MFG, Jan 2003; Phase II Remedial Investigation Report—Addendum, MFG, May 2003.

65Horseshoe Bend Effluent Pipeline/Metro Storm Drain Design Report/Work Plan , Atlantic Richfield, Sept 2003.

66Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit, Exhibit 1, page 2.

67Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," page 2.

68Allocation and Settlement Agreement and Mutual Release of Claims by and Between The City and County of Butte-Silver Bow and Atlantic Richfield Company, Atlantic Richfield and BSB, Dec 2006.

69Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit, Exhibit 1, page 2.

702006 BPSOU ROD, p. 2–16.

71Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," 2019, page 2.

72Construction Completion Report (CCR) for the Metro Storm Drain Collection System (MSDCS), PTS, March 2009.

73MT Dept. of Justice website, Settlements.

74Granite Mountain Memorial Phase II Remedial Action (RA) Construction (General Scope of Work), Pioneer, March 2009.

75Granite Mountain Memorial Area (GMMA Phases I and II Remedial Action (RA) Construction Completion Report (CCR), Pioneer, Sept 2012. See also the Granite Mountain Memorial Area (GMMA Phases I and II Remedial Action (RA) Agency Approval Letter.

762010 Butte Reduction Works (BRW) East End Grading Work Plan, Pioneer, Sept 2010.

77Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," 2019.

78Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit, page 4.

79Butte Treatment Lagoons (BTL) and West Camp Pump Station (WCP-1) Upgrades Design Report/Work Plan, Volumes I–III ( Volume I, Volume II, Volume 3 - Part 1, Volume 3 - Part 2 ), Atlantic Richfield, May 2011.

80Granite Mountain Memorial Area (GMMA Phases I and II Remedial Action (RA) Construction Completion Report (CCR), Pioneer, Sept 2012. See also the Granite Mountain Memorial Area (GMMA Phases I and II Remedial Action (RA) Agency Approval Letter.

81Lower Area One Surface Enhancements Construction Completion Report (CCR), Atlantic Richfield, Dec 2017. See also the Lower Area One Surface Enhancements Construction Completion Report (CCR) Response to Agency Comments.

82Butte Priority Soils Operable Unit (BPSOU) Final Wetland Demonstration Area Construction Completion Report (CCR), Pioneer, Nov 2015.

83Lexington Mine Site Remedial Action Work Plan/Final Design Report (RAWP/FDR), Pioneer, May 2016.

84Fact sheet on EPA website, "A Quick Look at Superfund in Butte, MT," page 2.

85Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit, page 15, map on page 18.

86EPA fact sheets, Silver Bow Creek Butte Area , EPA.

87Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit.

88MT Dept. of Justice website, Settlements.

89See above, History Section, and note 17.

90From BSB fact sheet, 2012, "2012 Environmental Health Studies".

91ARCO Draft Final Wetlands Demonstration Project 2 Butte Reduction Works Final Design, December 1996.

92MT Dept. of Justice website, Settlements.

93Proposed Plan to Amend the 2006/2011 Record of Decision, Butte Priority Soils Operable Unit, page 15.

94U.S. Geological Survey website, USGS Dictionary of Water Terms.

95U.S. Geological Survey website, USGS Dictionary of Water Terms.

96EPA website, Superfund: CERCLA Overview.

97EPA website, Urban Runoff: Low Impact Development.

98Foresite Group website, What's the Difference Between Detention and Retention?

99EPA website, Superfund Unilateral Orders.

100From pitwatch.org, About Pitwatch.

101Citizens Technical Environment Committee (CTEC) website, About CTEC.