Why is everybody so quiet today?

See how it works, huh?

I'll bring the Butte Silver Bow Council Commissioners Committee of the Whole Meeting to order for Wednesday, October 22nd, 2025.

Can we please have a roll call?

One presiding, nine present, two absent.

Okay, thank you.

Please let the record reflect that Commissioner Mankins and Walker are excused for for tonight.

Uh Commissioner Thatcher, would you lead us in the prayer and the pledge?

Almighty God, we implore you.

Look upon us and guide us this night as we make decisions which so greatly affect our community of Butte Silverbow.

Director thoughts, words, and deeds so that we please you and best serve our fellow citizens.

Amen.

Uh my name is Joe Griffin, and uh excuse me.

I live at one one two one West Diamond.

Um I'm here to speak to the presentation from DEQ tonight.

I know uh this council has consistently asked for updates and information on Superfund.

Superfund is a very important part of this community.

Um I also wanted to say that um I'm also president of Citizens Technical Environmental Committee.

Um it's another way um for people to get information on Superfund.

Uh we try to invite various speakers um including DEQ for various parts, or we'll get RCO or we'll get MR up there.

So um I just wanted to bring that out and uh you guys are always invited.

I think you should be getting um our emails.

So um hope to see some of you there.

Thanks.

Thank you.

Any other member of the public that would like to speak on any item that's on tonight's agenda.

I'll move on to the report of the chair.

Just a couple things to report.

Uh Chief Executive Gallagher asked me to mention that it is Red Ribbon Week.

Um this week, right, Chief Executive Gallagher.

And so we would ask that you observe that if if you choose to.

And then um we don't have a council meeting next Wednesday, the twenty-ninth, because it's the fifth Wednesday of the month.

So our next meeting will be on November 5th.

Um I'll move on to section one bid openings, public hearings and or presentations.

Uh bid opening.

We do have one that's communication twenty twenty-five-four seven one.

This bid opening is is not going to happen because it was replaced with communication twenty-five-five hundred last week meeting, moving it to the fifth of November.

So this communication or this bid opening will not happen tonight.

I'll move right into presentation, which is number two, communication twenty twenty-five-four seven two.

Amy Steinmitz, DEQ Waste Management and Remediation Division Manager Administrator requesting Council of Commissioners' authorization to schedule a presentation on October 22nd, 2025 for updates on the Blacktail Creek project located in the Brew Priority Soils Operable Unit, BIPSU and the Montana Pole Superfund site.

We did receive an email from Miss Steinman stating that she was unable to make tonight's meeting because there's some things going on that she needed to address, but she assured me that we have capable colleagues of hers to give us the report and in her side.

So please come up to the podium and uh I believe it's Alex and Jake up, right?

Yep.

Welcome to the Council of Commissioners meeting.

Thank you.

Um thank you, Chair and Commissioners.

My name is Jacob Wheeling.

I am the project manager for the Montana Pole uh Superfund site here in Butte uh with DEQ.

So to kind of start things off, I would like to um just kind of give you some background on what's going on at the pole plant right now.

So to point a few things out on the map, we have the CAMU, which is a corrective action management unit, and that is a RICRA compliant hazardous waste repository.

That is where all the soils went that um after they were treated in the in the land treatment unit, they were put in the in the repository because they didn't meet requirements for dioxins.

So all the soils um that were treated on site that didn't meet requirements for dioxins are now in the Camu.

To the north of I-15 I-90, we have the water treatment plant, um, which is currently active, and we have two capture trenches, the near creek and the near highway capture trench.

Um, and then obviously the the site is split in half by the freeway by I-15I-90.

And yeah, that's like to point out on that one.

So give a little more background on the Montana Pole site.

Um the the site operated as a wood treatment plant from 1946 to 1984, and they treated generally post poles and bridge timbers.

They didn't treat very much for the mine.

Uh they used a petroleum carrier like diesel, typically diesel, with a 5% pentachlorophenol solution um to treat the posts and poles.

Uh, generally in pressure treating units and pressure treating retorts.

Um at this point, the contaminants of concern of the site are pentachlorphenol, polyaromatic hydrocarbons, and dioxinfurins.

Um the site, the operation ceased and the plant closed in 1984, and it was listed on the NPL in 1987.

Uh, there were two removal actions on site in 1985 and 1992.

Uh after the rod was signed, there have there are six phases called out in the in the rod.

Uh five of which are either complete or actively uh happening, uh one still to come.

And then in 2022, an ESD or an explanation of significant differences was signed, and that's really what led to the creation of the Camu.

Uh the Camu construction again came from the 2022 ESD, and that included the deconstruction of the land treatment unit, which is just basically a big land farm.

You take the soils out of the ground, spread them out on the ground, uh, water them, and then the pentachlorphenol will break down over time in the air.

Um, from those soils were then stockpiled and then put in the Camu because the the land treatment unit was not successful in treating dioxins to clean up levels.

It was it was it was good at treating the pentachlorphenol and PAHs.

Um as part of a CAMU, uh you also have to manage all stormwater that comes on site.

If stormwater comes on site, we keep it away from the Camu.

Uh we keep it out of contamination, and if it lands on site, it infiltrates and is treated by the water treatment plant.

Um next, I just wanted to kind of quickly go through a few things that are upcoming for the Montana Pole site.

Uh, we are currently uh designing a new SCADA system, which is basically the computer system that runs the water treatment plant.

Um we're monitoring and improving vegetation on site.

Vegetation is uh very important as it protects the soils from eroding and flowing off site.

We're gonna begin scoping the final phase of remediation, which is phase five, and that will include um treatment of the last major source of pentachlorphenol on site, which is under the freeway.

So that was buried when the freeway was made.

Um and then also we're looking at redevelopment opportunities for the southern portion of the site.

Once the Camu is completed, all of the contaminated soils were isolated in the Camu, and the southern portion of the site is is getting close to being able to be redeveloped.

In 2024, we um completed around a hydro seating on the Camu.

The slopes of the Camu were were pretty much bare after the construction and after the 2023 storm event.

I believe my predecessor discussed that the last time he was here.

So in 2024, we came in and hydroceded the the whole Camu.

And this is what the there.

This is what the vegetation currently like looks like.

So a little bit still to go, and we're hopeful that in another growing season we'll get uh this vegetation to come in a little bit thicker, but we're looking good right now.

We do have we have vegetation on the site, and um, yeah, it'll be good to see what happens in the next couple growing seasons.

Kind of going a little bit more depth of phase five.

So um there was a significant contamination source that was buried uh under the freeway.

Um because the contamination was diesel and penta, it sat on top of the groundwater, and as the groundwater flowed, as the water treatment plant lowered the groundwater, the contamination stayed above the groundwater.

So um currently it sits on a shelf uh and we'll have to we're working with our uh consultants to figure out the best way to get at that safely and while also containing the plume as it is.

So currently the water treatment plant keeps groundwater basically out of the source.

We still do see uh contamination in there, um, but it is captured in the treat trenches and then treated in the water treatment plant on site.

We are also working closely with the BRW, the beat reduction works team, because they're located so close, and their work will also require a lot of groundwater.

We are we're working closely with them to make sure we're timing everything correctly so we don't um implement a remedy and then they dewater and pull the plume elsewhere.

So we want to make sure that um we are yeah, we're working close with BRW.

Uh last thing I'd like to discuss is potential redevelopment opportunities.

So with the new Northwest Get Energy High Pressure gas line going in.

Uh originally the the line ran right through the middle of Montana Pole.

Uh with this new line in, we're going to abandon the current gas line and we will be able to sample and potentially remediate that that actual gas line corridor.

So with that, see one more, there we go.

Um after the construction of the Camu, uh, I know Dave had discussed um transferring some of this land, working with Butte Silverbow to transfer some of this land in the future.

We'll work closely with you guys.

We would really like to uh make that happen if we can.

With this gas line abandonment to that parcel AL, which is that skinny little red one, that we'll we might be able to remediate that and combine those two parts, the green and the yellow parcels into two parcels instead of three separate ones.

Um we do have to sample and see where we're at.

Uh, because that line was put in in the 40s, uh, we we really have no idea what's there.

So once uh that's that work is complete and we'll we'll be able to sample it.

Um we'll look at options for remediating that parcel and being able to combine these two.

But with that, are there any questions about Montana Pole?

Thank you, Jacob, for that um that presentation.

I just have a question.

I I know it's been discussed for many years is it once cleanup met a certain condition that it was gonna be turned over to maybe butte silver bow for redevelopment or there were other options, and and I know the council at that time was concerned about the longevity and how we would maintain it and make sure that it wouldn't, you know, the barrier wouldn't be broke or any of that stuff.

What's the thought from DEQ now of what that transition would look like?

Absolutely.

Um thank you, Chair Morgan, for your question.

I so the um to go back one slide here, the Camu will remain, and generally the red parcels will remain under DEQ control forever.

Um that's all that's part of running uh a CAMU, a Ricker compliant CAMU.

The rest of the land, the surface soil is pretty much clean for recreational and light industrial use.

So we will um obviously work with Bute Silver Bow for what your if for what your vision is of that.

We want to work with you to get the site to a position that that you want it.

Um we're not just gonna okay, it's yours, bye.

We won't do that.

We're gonna we'll we'll work with you on what you want to do.

The the camu will stay with us forever, and that's really what needs to be protected because that's where the contamination still is.

Um the rest of the work on site is is really in the groundwater.

So um as long as we stay out of the groundwater, that's kind of the our biggest concerns.

Okay.

Does any of the commissioners have any questions?

Commissioner Callahan.

Thank you, Chairman Morgan.

You pretty much answered my questions, but I was just a little concerned.

You know, when you said back in 2022, was a year and a half ago when they had the big rain and it washed out the cap on the Camus, and the vegetation hadn't taken yet, and that was a big part of the problem when you redid it and whatever.

And the picture you showed so far, and you said we need a we we're hoping for better vegetation.

Um obviously you use top-notch soil and top-notch seed.

Should we be concerned that the vegetation hasn't taken yet uh well enough?

Or what what's our guarantee that the better vegetation so we don't have these washouts again?

Absolutely.

Jacob.

Thank you, Chair.

Um, thank you, Commissioner.

So uh right now, so going into next year.

So we'll have this winter.

Um that work was done in in the fall of 2024.

So basically all of the um vegetation to this point has been in one growing season.

Okay.

Um going into next growing season.

I have been discussing with my contractor to bring out a watering truck as well.

We we kind of think that the biggest problem right now is there's just not enough water.

Um so in the spring, depending on the the snowpack and how much water we get, we do have some plans to get a watering truck out there, and I think that's gonna that's gonna push us over the edge.

I feel comfortable with where we are now having been one growing season.

Um but depending on the snowpack, we will we we'll bring in some water if we have to and get that get some uh get it growing.

Follow up Commissioner Callahan.

So you you're confident that the stuff that's there will come in better, or will you add more seed or what's maybe both?

Jacob.

Uh thank you, Chair, thank you, Commissioner.

Honestly, probably both.

Um I right now I I feel confident with where we are that it we're not gonna wash out this year.

Um that I knock on wood now that I've said that, but um but I think with one more growing season, we'll get some some more robust growth out of that.

And then it there are a couple bare spots that we probably will hand seed in the spring, uh, just depending on how how growth starts.

But that is uh that's one of the things we're watching every time we go out there to make sure we're we are getting vegetation out there.

Okay, thank you.

Uh Commissioner Thatcher.

Thank you, Chairman Morgan.

Jacob, good job.

Um I don't really have any questions.

I just think that this council would be remiss.

I mean, you did a wonderful job, and I appreciate that you put this in layman's terms for some of us that this stuff's so far over ahead.

But um, I would just like to extend our respect and you know our well wishes to Mr.

Bowers' family.

He was a wonderful man who you know taught me a lot regarding this subject, and he provided a wonderful service to Butte Sorbo, and I think that all of this council um is very appreciative of that, and we wish there or we wish to respect him and you guys and his family and friends.

So I just wanted to give that time to Mr.

Bauer, so thank you.

Thank you, Commissioner Thatcher.

Commissioner Anderson.

Thank you very much.

Uh Chairman Morgan.

Uh Jacob, thank you uh very much for being here.

I I do have a couple questions.

Uh all of them mainly to do with water.

You were talking about uh how the stormwater, if it leaves off site, it'll be treated.

I think you said at the water treatment facility.

How would uh is a water treatment facility set up to handle uh an overload of uh contaminants from the pole plant site?

How would that go into work?

And uh then you mentioned snowfall and large pools of water.

I understand we need the lot of water to protect that camu for the vegetation uh like uh you and uh Commissioner Callahan were talking about and the vital importance of that.

And uh so I I see the need for that, but uh you had concerns about dewatering and that water getting out of there, possibly with some of those other projects.

Are there anything like that scheduled or what other concerns should we be looking at in those regards?

Then a follow-up.

Yeah, uh thank you, Chair, thank you, Commissioner.

Um so I I apologize if I misspoke.

So if stormwater flows onto Montana Pole, we have infrastructure built to channel it away from the contamination and then flow off site.

If stormwater lands on the contaminated soil, it infiltrates into the groundwater and then is in is in the groundwater and then is captured by one of the two uh groundwater capture trenches which feed into the water treatment plant.

Um we we are set up to handle uh a large increase in groundwater flow.

Um currently we can increase the pumping um probably let's see here.

I don't remember the exact number off the top of my head, but we can increase the the pumping flow um to to handle an increase in groundwater, and we have done that before.

Um if I remember correctly, 2012 there was a high groundwater flow.

Um, and with the water treatment plant, every two weeks we sample the inflow in the in between our two uh treating units and then the outflow.

So we do have 30 years of data saying that we can handle uh whatever groundwater flows into Montana Pole into the capture trenches.

The dewatering for us, because BRW, because of where BRW is located, when they begin their construction, they are slightly down gradient, a little to the side of the groundwater direction flow.

On Montana Pole, groundwater generally flows northwest towards Silverbow Creek.

Um with their dewatering efforts that they'll have uh in the upcoming years, we just need to make sure that we turn our pumps up so that they are their dewatering doesn't pull contamination around our capture trenches.

Um we can do that, we have the capacity to do that.

We just are working closely with them to make sure our timing is correct on that.

Follow up, Commissioner Anderson.

Uh thank you.

And I know in the past there there's been talk uh, I remember talking to Dr.

Ray, one of the professors over here, and he was concerned in some of the other constituents I have who I've talked to.

We're concerned about the monies keeping the pumps and the treatment facilities running.

Uh at one time I've heard they were supposed to run in perpetuity, which is a long time, and then that was switched to a matter of years, and there's uh big difference in my mind between perpetuity and 1020, even 35, 40 years.

So if could you add any clarification or any new numbers or insight on those issues?

Jacob.

Thank you, Chair.

Thank you, Commissioner.

Uh, yes, absolutely.

So currently the Montana Pole settlement um is held by DEQ and is invested, and we have roughly 19 million dollars in that account right now.

Um we are able to one run the water treatment plant solely on interest.

We are not drawing down on those monies at all.

The only time we draw down on the monies are for construction.

So phase five will will cost us money for that.

Um and really with the groundwater, you're absolutely correct.

We do have a limited, a very limited budget for what the scope of the groundwater construction will be.

We're gonna look for the best bang for our buck, and we're really early in that process.

Uh, we haven't even really started scoping that um yet with our consultants.

Um but we're looking for the best bang for the buck.

And that the timeline really depends on how effective phase five will be.

If we're able to inject um chemical oxidants into the groundwater and it treats the source area, the plume is most likely going to stabilize and we'll be able to turn off the water treatment plant.

However, if those chemical oxidants don't reduce the contamination enough to the point where we feel comfortable turning off the water treatment plant, it's gonna have to stay on and it'll stay on as long as it needs to.

Um so with that in mind the the cost for phase five is going to be uh it's a big consideration for us.

Are we able to leave on the water treatment plant afterwards?

And if we have to, and to be honest, I I also run the Idaho Pole site.

I'm on uh the site team for the Idaho Pole site in Bozeman, and they are a little bit ahead and they have done some chemical injections.

Um they are effective, but generally not to the point where I would feel comfortable turning off the water treatment plant.

Now, the sites are different, the contamination is different.

Um we just have some lessons learned from that site that we can apply to Montana Pole uh because they're very similar sites.

But um, yeah, so if if phase five is really effective and we're able to turn off the water treatment plant, great.

I would guess that we probably will not be.

So we'll we're looking at running the water treatment plant for it into perpetuity.

Uh thank you.

Commissioner Shea and then Commissioner O'Leary, and then I'll come back.

Thank you, Mr.

Chairman.

Um my question is is the site suitable for a tour?

And if it is, um I I don't know if there's been any tours this summer.

I haven't been to many CTEC meetings in the last few months, but I would I would love to know if C Tech could coordinate another tour or if DEQ could coordinate a tour.

Um it was it was really really helpful for me in understanding what was going on there to walk around down there.

So that just throwing that out into the air.

Thank you, Jacob.

Uh thank you, Chair.

Thank you, Commissioner.

Yeah, absolutely.

We can um we can coordinate a tour there.

At this point, we can see that the camu, the majority of the work ongoing is in the groundwater, so it's kind of hard to tour the groundwater, but um we can tour the water treatment plant and all the facilities there, as well as the yeah, the completed Camu.

So, yes, we can absolutely coordinate a tour.

Follow up, Commissioner Shea.

Thank you, Mr.

Chairman.

Thank you very much for that.

Should should we reach out to you for a tour?

Would you like to work through our the council secretary, maybe the chief executive to to set something up?

I don't need an answer on that.

Sure.

All right.

Thank you.

Commissioner O'Leary.

Thank you, Chairman Morgan.

Uh, thank you, Mr.

Wheeling, for coming and doing this presentation.

Very informative.

Uh you were talking about the plume, and I'm just wondering what the extent of the the boundaries of that are.

I know you're talking about under the interstate and and whatnot, but if you could maybe just kind of point out the the landmarks on that map so we can understand what the extent of that plume is.

Jacob.

Uh thank you, Chair.

Thank you, Commissioner.

Absolutely.

Let me go back to another map here.

This one will work.

Um, I also have our plume maps, and I would be happy to send those to all of you if you would like to see uh that our the plume masks we get.

We do sample groundwater twice a year, and we update that um with every every one.

So I'll I'll make sure to to send you um plume maps so you can get the exact picture.

Generally, so the the groundwater cleanup number uh is one part per billion.

Um generally the the contour for one part per billion kind of to the south basically splits the camu.

Um so there's a little contamination to the south and then runs north under the freeway.

Um the eastern boundary is generally where the freeway bridge is, uh and then it runs north across Silverbow to the municipal water treatment plant to the north.

Um a western boundary would be the roughly the black line on the part of the site to the west.

Um generally is rectangular, it's not perfect.

I will make sure to send you a plume map so you can see where it runs.

Thank you, Commissioner Callahan.

Thank you.

I just want to peggy back a little bit off of Commissioner Anderson's uh question on the uh filtration system and stuff.

I remember through the years when they were talking about cleaning this up, you know, it's been going on for a couple decades, I think.

Um as they've made progress, a lot of progress in probably the last five or six years, and um when they were getting the cameo built and everything, they had discussed that the volume of water had decreased and the contaminants and the severity of the contaminants have decreased, or we still go in that direction, or has it stabled out or Jacob?

Thank you, Chair, thank you, Commissioner.

Um at this point, the plume has generally stabilized.

Um that source area under the freeway is really driving that.

And until we're able to treat that or get an idea if we're going to be able to treat that, uh the the plume is is pretty much stabilized at this point.

Thank you.

Any other comments?

Uh Commissioner Fisher, the old stomping ground.

Thank you, Chairman Morgan.

Uh thank you, Jake.

Appreciate you being here.

Uh follow-up on Commissioner Thatcher uh David Bauer was a real asset to our community.

Um I'm gonna give you a little history, then I'll ask a question.

I was raised in that neighborhood, and I was there when the fire broke out in the 70s when we were kids when the highway come through and they're building the bridges.

When we were kids, when the highway come through and they're building the bridges, our animals, our dogs and animals would go down there, they'd come home, lick their paws and die.

So I mean it is, and we called it creosote at the time.

Now the you know pan fluoride and uh dioxins and things like that are kind of new to us, older people like that.

So I was also there when they blew up the stack at the Magganese plant, the beet reduction works where the dust all fell to the ground and it still remains there today, you know, and that dust was all over there.

The thing I guess I I I guess I my question is, you know, the plant was in 46, they closed it in 84 and 87.

I guess we started doing some things.

What is your assessment of what we've achieved in the years?

I mean, uh you're probably young enough to know that you know David Bowers had a lot of experience.

What what do you think we're accomplishing in all the things that we've done at Montana Pole and the money we've spent for what we've received so far?

I mean, I still have family live in the neighborhood.

Um many of us, uh many people who live there still suffering from you know cancer, Parkinson's, all kinds of things that happened there.

A lot of us still think that is a reason for it.

Um what what is your assessment of the past and uh what is the future hold?

Are we still another 20 years out before we get in there and start really getting things done?

It seemed like there's been a lot of success, but a lot of failure in that time too.

So just a little assessment of the past, present, maybe the future.

Thank you.

Jacob.

Thank you, Chair, thank you, Commissioner.

Um just uh one one comment on that I would like to make.

So these wood treating chemicals, pentachlorphenol and creosote, they're both used, and um they were both used on Montana Pole, more pentacle orphanol over time.

Um I always like to give the example.

These chemicals are made to make trees last for 150 years.

I mean, they are very long-lasting chemicals and and very um very toxic chemicals that that worked.

They make trees last 150 years.

So I think the the biggest wins on Montana Pole are we can see on the with the soil.

Um at this point, I mean we have vegetation growing.

If we go back, um I we I'm sure you have seen the pictures and you you've seen it.

There was nothing growing on that site when it closed.

Um it was it was a moonscape at that point.

So I think the the biggest wins over the time have been the soil.

I think the the future work is really going to be groundwater focused, um, trying to shrink the plume as much as possible, and uh really attacking that source area.

And I I agree, I worked with uh Mr.

Bowers for six months right before he retired, so uh he was a a wonderful, a wonderful mentor for me as I started my career at DEQ.

Um and I think I think he had he was in instrumental in that in the soils part of the site, and that's really where he focused to get to the site where it is now.

Um I mean we have wildlife on site, that we have a herd of meal deer that live on site.

Um a lot of waterfowl come to Silverbow right in front of uh right to the north of Montana Pole, and that was never the case when the site was active.

So I think um I think we're in a really good place.

There's still work to do, absolutely, but um as it sits right now, I think we're in a in a much better place than we were in 1985.

Follow up, Commissioner Fisher.

Uh thank you, Chairman Morgan.

Thank you.

I appreciate your input.

What are your thoughts on uh people still selling railroad ties that were soaked in this, and they're selling them to local businesses.

I mean, they're still selling these, and the railroad companies purchased a lot of them.

I mean, you know, they're all over still.

What are your thoughts about them still being in circulation and people handling them, you know, and using them for projects?

I mean, it seems like that's kind of uh all the work that DEQ and everyone else has done to clean a project, we're still having these things out in circulation.

Jacob.

Thank you, Chair.

Thank you, Commissioner.

Um, that's a great question.

I'll be honest, I have not looked at any research about the leachability of creosote uh from railroad ties.

I I don't know what the data says on that.

Um I I do know once the posts are treated, the creosote is generally sunk into the into the timbers.

Um and it's not like spilling liquid pentachlorphenol and diesel for 40 years uh into the ground.

Well, so I I can't say because I have not read the research, but uh for railroad ties specifically, but it is what it's a this was a way different situation than uh the single railroad tie or railroad ties.

Okay.

Any other questions?

All right.

Seeing none, thank you very much for the presentation.

And uh Commissioner Shea may have a follow-up to do a tour if if she so chooses, um, or other commissioners as well, but thanks for coming tonight.

Thank you.

Oh, Commissioner Anderson.

Uh thank you very much.

Uh you mentioned uh sending out a copy of the plumes.

Uh could you do that?

And when you do that, could you also send a copy of this report uh to go over a little bit in more detail for some of us?

Thank you.

Really appreciate it.

Thank you.

Commissioner Anderson, I believe uh Barb has the presentation that she can forward to us, and then if you can forward the map.

That would be great.

Okay.

Thank you.

Thank you.

Thank you.

All right, moving on to communications.

Communication number 25249.

Uh Patty and Chris Salmanson requesting counts.

Oh, there's another presentation.

I apologize.

Oh, Blacktail.

I apologize.

No problem.

Is it Alex?

It is, yes.

Thank you.

Welcome to the council meeting.

Thank you so much.

Just wait for my presentation to come up.

Okay.

Thank you, Chairman Morgan.

Thank you, Council of Commissioners, for having us this evening.

Um my name is Alex Ruzovich.

I'm an environmental project officer for the uh Montana Department of Environmental Quality, and I'm very pleased to present to you the 30% remedial design for the Blacktail Creek Griparian Actions.

Um I just thought this was an interesting photo.

It's a historical photo taken in around 1962.

You can see in the center to situate yourselves uh the inner state bridges before they're actually connected to the interstate there.

Just north of there is the butte reduction works.

Um actually point it out here.

Oh no, it doesn't show up on the screen.

Umte reduction works.

You can see the smokestack there and the slag wall just to the north of that, and then Silverbow Creek running through the slag wall into the confluence area where it connects to Blacktail Creek, which is the long dark stream to the right-hand side of the photo.

And the yellow outline there is the Blacktail Creek Griparian Actions project area.

Uh also what's interesting about this photo is that Montana Pole treatment facility is also located there on the left-hand side.

Don't know that if it's a band somewhere.

Oh, okay.

So topics on the agenda today include the scope of the Blacktail Creek project, uh, progress that DEQ has made to date, an overview of the 30% remedial design, next immediate steps, and a longer-term projected schedule.

So starting off with the scope of the project.

As you might be aware, Blacktail Creek is located within the Butte Priority Soils Operable Unit.

It's actually just one piece of the larger BIPSU, as we like to call it, puzzle.

It's located there in the southeastern corner of the city outlined in red.

Um, and it is one of the further remedial element scopes of work that is within the consent decree alongside digging these Marside Tailings and Buffalo Gulch.

Um what makes this project distinct from other free sows in the CD are that this one is led by DEQ.

So what that means is that DEQ received a settlement of 20.5 million dollars in order to implement the remediation.

And we shepherd the process every step of the way from remedial design through medial action.

And that includes selection of contractors, uh development of the remedial design, construction oversight, and stakeholder engagement and communications throughout the entire process.

We also collaborate very closely with the project partners such as EPA, Atlantic Richfield, Silverville County, and CTEC, Natural Resource Damage Program, etc.

So this is a closer look at the Blacktail Creek Riparian Actions project area.

Um just to geographically locate yourselves right in the center is the visitors center, and next to that the KOA.

Bounded on the western side of the site is the um is Montana Street.

On the eastern side is Lexington and Caw Avenue.

To the north is Silverbow Creek, and then to the south, as you saw in the previous photo, is I9D.

So just a bit of history.

There were three things that altered the hydrology and geomorphology of this site, and that includes one channelization and straightening of Blacktail Creek right there in the center.

Two, there were tailings dams that were constructed as a result of the mining and smelting operations in the area that caused some flooding within the floodplain there.

And then third, we have number of berms that were constructed in the project area.

As you can see, there's kind of a light beige or yellow line to the south of Blacktail Creek.

That's a berm that was constructed with the readily available materials on the site, which were essentially just mine tailings.

So as a result of these, the contaminants of concern in the area include arsenic, cadmium, mercury, copper, lead, and zinc.

So getting into a little bit more detail around what the Black Tail Creek Griparian actions are.

They are actually two different components.

One is a surface water quality component and the other is groundwater quality.

DEQ is responsible for the remediation and restoration of the site, so that includes the removal of tailings waste, contaminated materials in the 100 year floodplain, reconstruction of the channels and floodplains of Blacktail Creek and Silverbow Creek, and revegetation of the banks and floodplains with native plant species.

So DEQ is leading the waste removal, whereas Atlantic Rich Field are the ones that are installing a groundwater hydraulic control system that aims to capture and treat the groundwater on the site.

These two components function together to support a cleaner waterway that's running from Blacktail Creek into Silverbow all the way through Butte and beyond downstream to the Clark Fork River.

So some progress to date that we have made on Blacktail Creek include a 2023 pre-design investigation or PDI conducted with contractor support from Hydrogeologic, where we resolved data gaps that were originally identified in the CD.

This included mapping of the lateral and vertical extent of waste, or the surface extent of the waste as well as the depth into the soil.

We also characterized the waste, municipal waste and contaminated soil and sediments on the site, and then we estimated the dewatering volume and rate necessary to be able to pull up all of those mine tailings and contamination.

So these results from our PDI resulted in key parts of the design criteria that were able to be formulated to inform the development of the 30% design.

Going into a little bit more detail around the 30%.

I'll start with the dewatering because you can probably recognize that there is a lot of water on the site.

This is a wetland ecosystem.

There is Blacktail Creek running through, there's Silver Boat Creek on the northern edge, and then you can see on the southern portion of the site.

This is a wetland, there's seasonally inundated soils and a pond that's there year-round.

So we're anticipating lowering the water table by about seven feet on the site using a combination of extraction wells, of trenching along the perimeter, and then of sump pumping to be able to pull out the water in more localized locations there.

All of that dewatering water will be sent to a settling basin where we'll allow the sediments to drop out and then be able to test that water in order to determine if we could meet surface water quality standards to be able to discharge directly back into the creek.

If it does not meet those performance standards, it will be sent to the Butte Treatment Lagoon for treatment before it's discharged back into the creeks.

And then I'll also just note that we will ensure that the creeks are protected from any runoff that is associated with construction activities.

Next, we are looking to excavate the soil after dewatering.

So the extent of that waste was determined by, as I mentioned, the PDI or predesign investigation.

The pink boundary lines are what delineate the excavation boundaries.

You may have noticed that the southeastern corner is not included within those boundaries, nor is the instream sediments within the creek to the east of Kaw Avenue.

That's because the PDI did not find any waste within those portions of the site, and therefore we were able to sort of refine those boundaries.

In the orange area, in that sort of circular portion that's not included within the excavation boundaries, that portion of land is owned by Silverbook, Butte Silverbow County, but it's actually designated an unreclaimed site.

It's known as UR41, and it's the obligation of Atlantic Richfield to be able to take care of the remediation there.

However, we are using that orange boundary layer there to one, stage our heavy equipment, and two to use as a laydown area in order to dry out the waste and track the volume of material that's coming off of the site.

From there, we'll be able to use whatever means of transportation and haul route that is determined by the siting committee to an EPA reproved repository, using appropriate decontamination procedures to be able to ensure that there's no track out of contamination off of the site and into the city of Butte.

So lastly, we'll be using X-ray fluorescence technology or XRF in order to verify complete removal from within those excavation boundaries.

And XRF is essentially just a handheld analyzer that can read metal levels in the soil, and it'll be able to identify those waste materials and verify that they've been completely removed in real time.

Just a quick look at our estimated volumes.

We're anticipating around 135,000 cubic yards of material coming off of the site.

This includes waste like mine tailings as well as municipal waste and debris that we might encounter within the soil, and then finally type three material, which is material that does not meet the criteria for waste as defined in the consent decree, and it does not meet the criteria for backfill to be able to put that in back into the site.

I also just want to draw your attention quickly to the northern end of the site.

As you can see, there's a lot of different types of infrastructure and utilities that are kind of crisscrossing the area.

This includes things like overhead and buried electric, fiber optic cables, bridge abutments, culverts, the bipsu subdrain, other types of monitoring wells and pipes.

So we are calculating our removal volumes with a 10-foot buffer around those infrastructures.

And we're also reviewing an alternatives analysis at this time to determine what of this might be deemed critical infrastructure and what might not.

So you can see here in the legend that overhead electric is the red dashed lines, fiber optic cables are the orange dashed lines, and then monitoring wells are the pink dots on the site.

And those may or may not be deemed appropriate to be and feasible to be able to move and replace during construction.

So those details will be provided and determined within the 60% design in the next iteration.

Lastly, I'll just talk a bit about reconstruction.

So as I mentioned before, Blacktail Creek will need to be redirected and we'll be reconstructing the channel into this kind of the lower part, which is a new channel that is it's got more sinuosity, meaning it has more meanders and curves, which was designed to mimic more upstream upstream reaches of the creek.

I would just note that these are conceptual drawings, so it might not look exactly like this in the final design.

However, it will be connected hydraulically to some additional ponds in the area, and all of this will serve to promote a higher water table to be able to serve as a wetland ecosystem.

Lastly, we'll be revegetating with wetland riparian and upland seed mixes and propagules in the site.

This is to serve some of the end land use objectives for black tail, which is public recreation and wildlife habitat.

So really our goal with this design is to be able to meet those inland use objectives by supporting a healthy wetland functioning ecosystem that increases or maintains plant and animal diversity.

You might know that Blacktail Creek is home to several trout species, including the native West Slope Cutthroat Trout, and this is designated as a Montana special fish of fish of special concern.

So it does serve as a refuge for spawning and rearing young in this portion of the creek.

We'll also support public access to fishing in the area as determined by the landowner and protect and reconstruct any walking trails as necessary because these walking trails do link to other green space projects that will be reclaimed under BIPSU.

So essentially this is going to serve as a community resource for ongoing recreational opportunity for the public as well as environmental value.

All right, so the next anticipated steps by DEQ include some field investigations that includes in-stream settlement sampl sediment sampling, uh stream habitat and wetlands assessment, as well as some sampling to determine a clean source of backfill, and all of those resort results will be incorporated into the 60% design.

You can also expect a refinement and expansion of some of the details concerning dewatering, the borrow source location and logistics, um, the channel design, as well as continued coordination with Atlantic Richfield around the hydraulic control project and the haul means and route to the repository.

Lastly, just looking at our remedial design and remedial action remedial action schedule in the long term.

Um we are currently in the remedial design phase.

As I mentioned before, the 60% is the next iteration that we are anticipating being out around March or April of next year.

There is a 95% that comes before the final design, but you can look toward around February of 2027 when we finalize and complete and and approve that 100% design.

I will just note that we coordinate very closely with multiple agencies throughout a review and comment process at each stage of the design.

So adhering to the schedule, we will be dependent on efficient and timely coordination with uh Atlantic Richfield, NRDP, CTEC, um, and EPA for final approval.

Immediately after design, we'll go into remedial action.

And this timeline is also dependent on sequencing with other BIPSU projects in the area, and the reason for that sort of the importance of that systematic completion is that there are upstream projects that could potentially recontaminate Blacktail Creek if it were done out of order.

So we do look towards diggings east, north side tailings, and Buffalo Gulch to be able to finish their projects before we can move into construction.

We are anticipating construction to last around two years, with the active construction phase going from about July through October of each year.

Um and then finally the final completion report around the end of 2028.

So after construction, we'll move into a final monitoring and maintenance phase, and this is the final part of DEQ's responsibility where we'll monitor the remedy until performance standards are achieved.

This portion of our obligation will last a minimum of one year, but it could go longer depending on how long it takes to achieve, for example, vegetation performance standards.

We'll also be looking towards erosion control monitoring, infrastructure protection assessments, and maintaining of access controls like fencing and signage.

After the compliance determination is made by EPA and DEQ is issued the certificate of completion.

So that is the full picture, and I'm happy to take any questions at this time.

Thank you very much for the presentation.

Do any of the commissioners have any questions?

Commissioner O'Leary.

Thank you, Chairman Morgan.

Uh thank you, Ms.

Ruiz for Rusevich for your uh presentation there.

There was uh one uh overhead that you had there that had the drying pad uh location for that's right along the interstate there.

Was wondering if there is any intention to put any kind of visual screening up there.

Uh you know, you're that's a main location coming into Butte and having it be uh a drying pad with a bunch of mine waste for multiple years on end, I think would be uh uh an unfortunate thing.

But if you could speak to that, that'd be great.

Sure, yes.

Thank you, Chairman Morgan.

Thank you, Commissioner.

Um great question.

We will be in anticipation of the waste being in that area.

We will be implementing some traffic control measures to be able to regulate the traffic that's coming onto the site to, for example, um come to the visitor center or to the KOA or anywhere along those streets.

We haven't finalized any of those details.

You can expect that in the 60 percent.

Um, but I can assure that there will also be appropriate decontamination procedures for any of the waste that's in that area.

Um there will be, as you know, um the waste that's coming out of those boundaries is going to already be wet.

So typically we use a water truck to be able to keep the dust down in that area, but because it's already wet and the purpose of the lay down area is to dry the waste, we won't have to use a water truck.

So the idea is that um we'll dry it out to an appropriate um percentage and then using whatever means are um chosen by the siding committee for the means of transportation of that um waste.

We will then um load it up as necessary and then make sure that there's no waste being tracked back out of the site, um, for example, if a haul truck were used.

Follow up Commissioner O'Leary.

Thank you, Chairman Morgan.

So do you have an intended uh location for the repository for this particular waste?

Is that already decided?

Um Alex.

Thank you, Chairman.

Thank you, Commissioner.

Um also a great question.

This is outside the scope of DEQ's um role to determine where the repository will be.

However, there is a siding committee made up of um Butte Silverboat County, Atlantic Ridge Field with final approval from the EPA.

So I can't um tell you what the repository details look like.

I personally don't know myself, but as soon as we do, we'll be able to incorporate that into our construction planning documents and share that out with the public as soon as that's made available either in the 60 percent or in subsequent iterations of the um the design.

I believe uh Director Astler had his hand up.

Um Director Hassler, I would just ask to see if you have any input on that question.

Thank you, Chairman Morgan.

Um Commissioner O'Leary.

We're still in the process of the siding committee report and the technical recommendations as we speak.

So we're reviewing the sites that the original citing committee came up with.

There's four of them.

We have the Berkeley, we have the expanded mine waste repository.

It's really down to those two at this point in time.

We are working with Atlantic Richfield closely on mainly the transport mechanism.

Um we're trying to make it as least impactful to the community as we possibly can.

So at this point, we don't have a definitive answer, but we're kind of down to those two final locations as what are coming to the top through the technical evaluations that have been conducted and the surveys and the work done by the original siding committee, and that would be the Berkeley or the existing mine waste repository at this point in time.

But the big question is is trying to figure out the least impactful way to move this volume of material to one of those locations.

Commissioner Callahan, you had a question?

Thank you, Chairman Morgan.

I just want to thank uh Ms.

Steinmetz and our your whole crew.

That every time you guys come, I mean you do a great job.

Uh it's hard to keep up on all this stuff, and it's so far above everybody's level that just to bring it down to our levels a tough job as it is.

But uh you had mentioned the area you're cleaning up, and I see it's pretty much west of Ka Avenue.

Um this might be a question Eric might have to answer from that area to Harrison Avenue to probably Father Shean Park, there's still heavy metals and stuff.

Could you kind of explain where that project is?

Because it's right if that project isn't cleaned also.

Director Hassler.

Chairman Morgan, Commissioner Callahan.

That is part of West Side Soils, and it has been through the remedial investigation and feasibility stage.

We're waiting to see that report ourselves.

But the initial indications is that that section of stream is not contaminated and should not impact the work that is done here, unlike the projects that Alex had mentioned earlier that we know where the contamination is present and work needs to be done.

But through the RAFS process that the EPA conducted through Westside Soils, essentially Black Tail Creek and those stretches that you have mentioned is clean.

Oh, great.

Thank you.

So follow-up your Commissioner O'Leary.

Thank you, Chairman Morgan.

I guess sort of uh to piggyback off of that same question.

You were mentioning these upstream uh projects that need to happen first.

Do we believe that those projects uh are going to happen on time for this time frame that you've given us here to be uh actually go forward in in that time frame?

Director Hassler?

Chairman Morgan, Commissioner O'Leary.

Um currently nine the digging east, which is the most upgradient, diggings east and north side's tailings are sitting at 95 percent digging east is at 95 percent, north side tailings is at the 60 percent design.

Really, the crux to that question is getting through this siding report and finding a final resting place for these materials and the transport mechanism.

The last five percent in these designs is very fast, and the hopes for diggings east is to start moving material the beginning of next construction season.

So it's they're complicated, they're they're large volumes, very technical work.

I think the time frame that has been laid out is achievable, but it's ambitious.

So sorry I can't be more director specific, but I I I would again say that I believe that it's achievable, but it's it's ambitious.

Commissioner Fisher.

Thank you, Chairman Morgan.

Thank you.

Uh I guess from about my 30, 60 percent design.

Fish, can you turn your mic on?

I don't.

Oh, sorry, thank you, Chairman.

When we're talking about these 30 and 60 percent design and things, the project that is just um east of Ka Avenue, very nice looking.

And you know, it's a nice amenity and stuff.

But I hear a lot of comments from people that are know a lot more about Superfund than I do.

The question that project.

I guess my question is why did that project have priority over some of the other projects that seemed to be more on people's mind than that project was?

Chairman Morgan, Commissioner Fisher.

Um the best answer I can give you for that is it was the smallest geographically and the least technical.

So it was a good project to try to get everybody's feet wet to implement the larger, more voluminous, more technical projects going forward.

Wasn't a technical basis.

There was no, I mean the rationale was it's smaller.

Let's let's see what this takes, how we can work our way through it, try to come across whatever pitfalls we may see along the way and learn from it so that we can implement the larger projects more efficiently and effectively.

Follow Commissioner Fisher.

The the only thing I would say is that's this communication tonight is for that section that they were talking about.

I know it's all related, but just try to tie it together.

Thank you.

Commissioner Fisher.

Uh thank you, Chairman Morgan.

I guess I was misunderstanding.

I thought this was all kind of tied together.

But my question is is the questions I get as a commissioner.

Eric, you know uh more than anything, the questions we get.

And I understand that we're on the other side of the interstate and doing things there, but the thing about this is priority of these projects seem to fall within the realm of what is the most appealing to the public, what is the most um you know, scenic for everyone, rather than actually getting the projects done that that really make a difference.

So I mean I don't need no answers to these questions.

I'm just referring to you, what's told of me, and I'm sure you hear them too.

But you know, uh the digging zest, you know, and the contaminated soil and the dirty dirt, and we get into a lot of different stuff here.

It involves DEQ, the EPA, and you know, Arco BP.

And I know it's a complex subject, but uh the public has a tough time understanding sometimes how this money spent, you know.

There's a lot of money spent on that project I referred to that's not in this communication, so I'll just leave it at that.

Thank you.

Chairman Morgan.

Commissioner Fisher, I'd also like to add on the the Grove Creek project is the one that you're mentioning that is south and east of the interstate.

That one also has a direct conduit, if you will, to Blacktail Creek.

So it is beneficial to protect the work that the EQ will be implementing in the future.

I mean, Grove Creek does have continuous flow, and it will work.

It is intended to treat those waters before going into Blacktail Creek.

So that is another aspect that needed to be considered throughout this the sequencing of projects as well.

So thank you.

Any follow-up, Commissioner Fisher?

No.

Okay.

Any other comments?

Uh Commissioner Anderson.

Thank you, Chairman Morgan.

Uh thank you very much, Alex, for being here.

I have a question that's I don't know, not really related, but very much so in a different sense.

Uh when Jacob gave his presentation, he was talking about a herd of deer living just up the ways a little bit at the uh pole plant with the new uh seeding and everything they've done.

And now we're building this beautiful oasis for wildlife and the wildlife birds and deer and everything, and it's right next to an interstate.

And I just wonder about some of the ramifications of having such an oasis for wildlife right next to the interstate.

Alex.

Thank you, Chairman Morgan.

Thank you, um, Commissioner.

Um, very good question.

I think that Blacktail Creek is already a wetland habitat habitat.

If you go and walk along the pedestrian trail, you'll see a lot of waterfowl in the area.

Um ducks, there as I mentioned before, there it's home to several trout species.

Um I think it serves as an urban oasis and one that um is currently so, and really the only difference is that we'll be taking out the contaminants that are impacting the surface water quality.

Um, so you know, we will be replacing the wetland vegetation there.

We'll be promoting a higher water table in order for it to serve as a functioning wetlow wetland ecosystem with all of the ecosystem services that it provides, but um I don't think it would change the character of the site, other than that's really the goal of the project is um to clean up the surface water quality.

Um I don't think it would serve as an attractant for um species that don't already call Blacktail Creek and the surrounding wetlands home.

Um I will say that during construction we'll do everything we can to um dewater and rehome the aquatic species that are in the in the creek.

Um and I don't have those specific details within the 30% design because it's still in the early phases.

Um I think in the end, um, this will serve as the community resource that it currently is, and um there should be you know, whatever controls exist along the interstate currently, like fencing um as decided by the landowner to mitigate some of the animal, you know, um crossings into the traffic of the interstate.

Thank you, Commissioner Anderson.

Any other questions or comments?

All right.

Well, thank you for the presentation and the follow-up on it, and we look forward to seeing what the future brings.

Thank you.

Thank you.

If it's all right with this body, I'd like to move forward if if it's okay.

We'll move on to section two communications.

Uh communication 2025-249, Patty and Chris Salmanson requesting council of commissioners approval to purchase a portion of land owned by Beach Silver Bow, which is adjacent to their property located at 17 Tullomore Street.

It's my understanding that the land sales committee did meet on October 14th.

So we should be receiving receiving some recommendations on the November 5th meeting or shortly thereafter for this communication.

So I don't know what any of those are.

I would just say that in the record.

So we'll continue to hold uh that this one in abeyance.

Marlowe and Nicole Carroll's requesting Council of Commissioners to purchase land owned by Butte Silver Bow located on the southeast corner of Maryland and second.

We would like to use it for our yards space and property we own on 1006 Maryland Avenue in Butte.

Same thing.

We'll continue to hold this in abeyance waiting for the land sales committee.

Number three, communication 2025 437.

Thomas Kanicke, personal representative for the estate of William Lahood requesting Council of Commissioners to purchase land owned by ButteSilver Bow and approve the sale of lots 16 and 17 to the estate of William Lahood in the amount of 1,000.

We'll continue to hold this in abeyance pending the land sales committee recommendation.

Number four, communication 25460.

Steve Maloney, Butte resident requesting Council of Commissioners to purchase a portion of the tax parcel 000 1892400, pending a survey to be completed and a correction and a correction deed.

We'll continue to hold this in abeyance as well.

Number five, communication 25471.

Mark Neary Public Works Director requesting Council of Commissioners to schedule a bid opening on October 22nd, 2025 for the Silver Lake Industrial Water System Improvement.

This was the bid opening that we were supposed to have tonight, but it was uh replaced with communication 25-500.

I would just ask that we place this on file and cross-reference with uh the new communication.

Commissioner Thatcher.

Thank you, Chairman Morgan.

At this time, I'd like to make a motion to place communication number 2025-471 on file and cross-reference it with communication number 2025-500.

Thank you.

There's been a motion made and seconded to place this communication on file and cross-reference with 25-500.

Is there anything on the question?

Would everyone please vote?

Would anyone like to change their vote?

Would the clerk please record the vote?

10 yay, 0 nay.

Thank you.

Motion passes.

Number six, communication 25472.

Amy Steinman's DQ Waste Management and Remediation Division Administrator requesting Council of Commissioners authorization to schedule the presentation on October 22nd, 2025 for updates on the Blacktail Creek project located in the Butte Priority Soils Operable Unit and the Montana Poll Superfund site.

As you all know, we did have this presentation tonight.

So Commissioner Thatcher.

Thank you, Chairman Morgan.

At this time, I'd like to make a motion to place communication number 2025-472 on file.

There's been a motion made and seconded to place communication 25472 on file.

Is there anything on the question?

Would everyone please vote?

Would anyone like to change their vote?

Would the clerk please record the vote?

10 yay, 0 nay.

Thank you.

Motion passes.

Number 7, communication 25494.

Zach Osborne, Butte Silver Bow Fire Chief, requesting Council of Commissioners' authorization to schedule a public hearing for November 5th, 2025 for the purpose of amending the fiscal year 2526 fire department budget to allow for increased expenditures of unanticipated revenue.

We'll continue to hold this in abeyance pending the November 5th date.

Number 8, communication 25500.

Angie Mullikan, Public Works Budget Manager requesting Council of Commissioners to reschedule a bid opening on November 5th for the Silver Lake Industrial Water System Improvement Project.

We'll continue to hold this one in abeyance as well, pending the November 5th bid opening.

Number 9, communication 25503.

Angie Mullikan, Public Works Budget Manager requesting Council of Commissioners authorization to schedule a public hearing for November 5th, 25 for sole sourcing the Sulzer replacement parts through Falcon Environmental, the only dealer in Montana.

We'll continue to hold this in abeyance pending the public hearing on November 5th.

Number 10, communication 25504.

Angie Mullikan, Public Works Director, or Pardon me, Public Works Budget Manager requesting Council of Commissioners authorization to schedule a public hearing on November 5th, 25 for the purpose of soliciting comments on an unanticipated revenue from the Department of Natural Resources and Conservation from the USDA Cooperative Forestry Program to plant trees throughout Skyland Park.

We'll continue to hold this in abeyance pending the public hearing on November 5th.

November 5th is going to be a big and busy day.

Next item on tonight's agenda is public comment on any public matter not on tonight's agenda.

If there's any member of the public that would like to speak on anything that wasn't on tonight's agenda, now would be your opportunity.

Not seeing anyone, I would ask for a motion to adjourn.

Motion to adjourn.

All those in favor?

Opposed?

Motion passes.

Thanks, everyone, and have a good night.