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2022-09-06_ENFORCEMENT - M2020044
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2022-09-06_ENFORCEMENT - M2020044
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Last modified
9/15/2022 10:08:10 AM
Creation date
9/6/2022 4:20:49 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2020044
IBM Index Class Name
Enforcement
Doc Date
9/6/2022
Doc Name
Findings of Fact, Conclusions of Law and Order
From
DRMS
To
Rocky Flats Environmental Solutions, LLC
Violation No.
MV2022012
Email Name
CMM
GRM
MAC
JDM
JLE
Media Type
D
Archive
No
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appeared, Division staff identified themselves, and Mr. Danio ordered them to leave <br /> the property and denied access for any further observation. The mill did not appear <br /> to be operational at the time of the attempted inspection on September 21, 2020. <br /> 3. On April 14, 2022, the Division received a complaint via email stating <br /> that Operator was moving mining tailings from a location in Clear Creek County to <br /> the mill site north of Golden. The email stated that approximately 75 tons of <br /> tailings had been moved from the Foxhall Tunnel Mine (File No. M-2020-015) to the <br /> mill, where a portion of the tailings were processed and the rest stockpiled. <br /> 4. In a letter dated June 23, 2022, the Division informed Operator that it <br /> had reason to believe that mining operations were being conducted at the site and <br /> that it would conduct an inspection pursuant to section 34-32-121, C.R.S. of the <br /> Colorado Mined Land Reclamation Act, (the "Act"). The Division requested that the <br /> Operator respond to the letter to coordinate an inspection. <br /> 5. On June 24, 2022, Mr. Danio responded to the Division's June 23, 2022 <br /> letter and denied the Division access to the site. <br /> 6. Given the number of complaints and the potential for acid or toxic <br /> producing materials and designated chemicals to be in use at the site, the Division <br /> obtained an administrative search warrant from the Jefferson County District <br /> Court on June 27, 2022. On July 1, 2022, the Division, along with two officers from <br /> the Jefferson County Sherriffs Office, executed the warrant and conducted an <br /> inspection. <br /> 7. During the July 1, 2022 inspection, the Division observed a stockpile of <br /> ore along the site's driveway. The ore stockpile was placed on the ground without <br /> any secondary containment. Lane Nolan, who identified himself as an employee of <br /> Operator, stated that the ore had been imported from the Cross Gold Mine, located <br /> in Boulder County. The operator of the Cross Gold Mine subsequently verified that <br /> it shipped approximately 20 tons of ore to the site in August or September of 2021. <br /> 8. During the July 1, 2022 inspection, the Division also observed three <br /> large metal tanks. The Division was able to determine that one of the metal tanks <br /> was empty but was unable access the other two or determine if they were in use. <br /> The Division observed two large plastic tanks immediately adjacent to the metal <br /> tanks. The plastic tanks had an approximate capacity of 5,000 gallons each and <br /> both had labels indicating that they contained cyanide solution. Mr. Nolan <br /> confirmed that the tanks were used to hold cyanide solution being used at the <br /> facility. One of the plastic tanks was nearly full and the other was approximately <br /> 30% full. The plastic and metal tanks were located outside on a concrete pad with a <br /> Rocky Flats Environmental Solutions, LLC <br /> M-2020-044 <br /> MV-2022-012 2 <br />
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