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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2022-012 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF POSSIBLE VIOLATIONS BY PAUL DANIO, DAVE EMSLIE, <br /> AND ROCKY FLATS ENVIRONMENTAL SOLUTIONS, LLC, CEASE AND <br /> DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br /> FAILURE TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A <br /> NEW OPERATION <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> August 17, 2022, with the Board meeting in-person and presentations via <br /> videoconference for a hearing to consider possible violations by Paul Dania, Dave <br /> Emslie, and Rocky Flats Environmental Solutions, LLC {"Operator"), cease and <br /> desist order, corrective actions, and civil penalties for failure to obtain a reclamation <br /> permit prior to engaging in a new operation. Paul Danio and Dave Emslie appeared <br /> on behalf of the Operator. Russ Means, Michael Cunningham, Jared Ebert, Jason <br /> Musick and First Assistant Attorney General Jeff Fugate appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). <br /> The Board, having considered the parties' presentations, the materials <br /> presented, and being otherwise fully informed of the facts in the matter, enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. On September 21, 2020, the Division attempted to inspect the site <br /> based on multiple anonymous citizen complaints of unpermitted mining and milling <br /> activity provided to the Division. The site is located in northern Jefferson County, <br /> approximately 2.4 miles east of Highway 93, at 17200 Highway 72, approximately 7 <br /> miles north of Golden and 7 miles northwest of Arvada. The site is on <br /> approximately 1.9 acres of land owned by Rocky Flats Environmental Solutions <br /> LLC. <br /> 2. After announcing their presence and identifying themselves to an <br /> individual present within a building on the site, Division staff waited by the <br /> building entrance while Mr. Danio was contacted. While waiting for Mr. Danio to <br /> appear, the Division noted that the building contained milling equipment including <br /> a conveyor, separation tables, a rod mill, and a flotation circuit. When Mr. Danio <br />