2020-11-03_INSPECTION - M2020044

Home Browse Search

File#:M2020-044 INSPECTOR'S INITIALS:ECS INSPECTION DATE: September 21,2020 OBSERVATIONS The Division of Reclamation, Mining and Safety(Division/DRMS) attempted to conduct a site inspection of property located at 17200 Hwy 72 in Jefferson County based on multiple anonymous citizen complaints of unpermitted "mining and milling" activity left on DRMS voicemail. The site visit was conducted by Michael Cunningham and Eric Scott with the Division. The subject property, 17200 Hwy 72, is located in northern Jefferson County approximately 2.44 miles east of Highway 93, at the south end of Umber Ct. The property is located immediately adjacent to several RV storage facilities to the north, and a railroad line and vacant land to the south. The site is on approximately 1.9 acres of land recently purchased by Rocky Flats Environmental Solutions LLC. This property was transferred from the previous owner,Thoros Products, in April of 2020, and is subject to institutional controls put in place in June of 2007 by US EPA. Parcel ownership is based on information obtained from the Jefferson County Assessor's Office. Upon arriving at the property at approximately 1300 on September 21, 2020, DRMS representatives immediately announced their presence and identified themselves to the individual present within the building. This individual asked DRMS to wait by the building entrance while he contacted Mr. Paul Danio who was also present on site. Mr. Danio joined DRMS shortly thereafter, and after DRMS personnel identified themselves, Mr. Danio immediately directed DRMS to leave the property and denied access for any further observations. DRMS left the subject property at that time. While waiting for Mr. Danio to appear, and prior to being directed to leave the property, DRMS noted that the building contained of much of the milling equipment (conveyor, separation tables, and floatation circuit) that was present at a previous location briefly operated by Mr. Danio known as Mountain Plains Mill. This site was inspected by DRMS in late January of 2020 (M2020-010). DRMS was unable to ascertain if the milling equipment observed at this site was complete and operational at this time, however,the mill was not operating at the time of the inspection and appeared to be under construction. Only small amounts of covered, unprocessed material were noted on-site, as observed from the adjacent Stor-rite property. DRMS will again at this time remind Mr. Danio and the property owner that the Mined Land Reclamation Board,through a formal Rulemaking on May 22, 2019, removed the definition of'custom mill' from the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining Operations (Rules). Additionally, the Memorandum of Understanding (MOU) between the Division and the Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division was revised in May 2017. The revised MOU clarified that milling is a mining activity which is subject to the provisions of the Rules and is solely regulated by the Division. The Division considers the operation of a mill facility to be a mining activity and therefore subject to DRMS permitting requirements. To-date no Reclamation Permit has been submitted or approved for this facility. This inspection report serves as notice to the owners that a Reclamation Permit is required to be submitted and approved by the Division in accordance the Rules prior to metals milling/processing activities occurring at the site. Any metals milling/processing activities conducted without the Division's approval may be considered illegal mining resulting in the issuance of a Reason to Believe a Violation Exists notice by the Division and an Page 2 of 3