2023 Clark Fork River Strategic Plan - What you need to know
What is the CFROU Strategic Plan?
The Clark Fork River Operable Unit (CFROU) Strategic Plan (Strategic Plan) describes the goals, approach, timing, criteria, and priorities that Montana state agencies will use to carry out reclamation (cleanup) and restoration of 45 river miles of the mine waste-contaminated Clark Fork River between Warm Springs and Garrison - an area known as "Reach A." The plan divides this reach into 22 Phases (see map).
- Work began on Phase 1 near Warm Springs in 2010
- As of the release of the Strategic Plan in October 2023, seven phases (plus residential yards and the Trestle area in Deer Lodge and in the Eastside Road pastures) have been completed
- The Strategic Plan focuses on the remaining 15 phases
This general plan was created by the Montana Dept. of Environmental Quality and the Natural Resource Damage Program ("the State") to carry out requirements of the 2004 Superfund Record of Decision and related documents. While this guides the overall approach, highly detailed, site-specific plans - called Design Plans - are created for each phase. In addition, restoration work will continue to be guided by the 2020 Revised Restoration Plan for the Clark Fork River Aquatic & Riparian Resources.
What's changed from previous plans, and what are the goals of this one?
The State's understanding of the extent of the contamination and what cleanup and restoration techniques are most effective has evolved over time. This has led to changes in cleanup designs and restoration strategies, but the biggest impact is probably to the budget (also discussed below). At the time this plan was released (Oct. 2023), just 7 of 22 phases were complete, but more than half of the settlement budgets had been spent. In response, in this plan the State has:
- Updated its data and analysis (looking at how much contamination remains, location and condition of slickens, expected river flows, depths, and channel movement, etc.)
- Refined its guidelines and criteria (eg, using a less conservative estimate of how much the river will move in 100 years, resulting in a more narrow buffer where contamination will be removed)
- Narrowed its focus (for cleanup it's 'highest risk areas," for restoration it's "important habitats")
Based on these adjustments and other factors, the State's goals for the 2023 Strategic Plan are to:
- Remediate contaminated areas
- Restore fish & wildlife habitat
- Integrate State resources (previously, cleanup and restoration plans were separate - this plan combines them to increase agency coordination and to better integrate on-the-ground work)
- Communicate with partners & the public
How do they decide what gets cleaned up when?
According to the plan, work will progress generally upstream to downstream (Phase 1 to 22, from Warm Springs to Garrison). However, phases where site conditions meet certain criteria were given higher priority and will be cleaned up first. The main factors that bump phases up the priority list include:
- Higher risk of contaminants reaching the river (ie, high erosion areas)
- Higher levels of contamination, especially in areas with greater public use
- Greater cost savings potential - ie, if work and infrastructure can be with combined with other phases (the plan refers to this as "Constructability")
Some phases were given lower priority if they currently provide high-quality habitat that can be used as refuge for fish and wildlife displaced by cleanup work being done in adjacent phases.
Click here for criteria details, how they were applied, and the order in which cleanup will occur.
What will this cost and is there enough money?
Former US Secretary of Defense Donald Rumsfeld (in)famously once said, "You go to war with the army you have, not the army you might want or wish to have at a later time."
The same lament could apply to the cleanup budget for the Clark Fork River, which was determined through settlement agreements signed back in 2008. (Importantly, settlement totals were based on a significant under-estimation of the amount of contamination in the floodplain. While provisions exist to add to the total settlement, an adjustment is not likely for the foreseeable future.)
To date, $106 million of the "cleanup budget we have" has been spent on 7 phases, leaving just $105 million (which includes earned interest) for the remaining 15 phases. The Strategic Plan estimates total costs for the remaining 15 phases to be $104.46 million. (See p. 21 of the plan)
This budget reality is a major driver of the 2023 Strategic Plan, resulting in the agencies refining criteria and narrowing the scope of contamination removal compared to earlier phases. In the plan's Executive Summary the State concludes that it can still "complete Reach A restoration and remediation" with these guidelines and criteria, and will meet the requirements of the Record of Decision, Consent Decrees, and other documents.
Many questions remain about the budget, especially considering the numerous factors that have and continue to plague cost estimates, like construction delays, inflation, and site-specific findings that increase treatment needs and expenses.