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3 <br />6 Sep. '94 Mine Safety and Health Administration (MSHA) memorandum discussing COM, <br />Inc. tailings dam; notes [ears in liner material, probable marginal containment of <br />6-hr. 100-year storm (approx. 3.6") but not considered prudent engineering <br />practice. "This office recommends a minimum freeboard during a design storm <br />of at least 3 feet." Recommendations include diversion ditch repair and <br />enlargement, use of a larger decant pipe (2' is not big enough), repair of <br />tears in the liner system, widening of dam crest to more than 9 feet when <br />embankment is raised to provide freeboard. <br />22 Sep. '94 Notice of Violation and Board Order to COM, Inc. and Mi Vida Enterprises; <br />included finding that, "On September 14, 1994 mill tailings were spilled on the <br />ground from two locations at the mill building and From overtopping the <br />tailings impoundment." Board Order was to Cease and Desist operation of the <br />mill and tailings impoundment until correcrive actions are completed. Corrective <br />actions aze: Submit a new permit application to the Division by November <br />1, 1994; Obtain an approved permit application by December 1, 1994. <br />2 Dec. '94 Notice of Violation from MLRD to COM, Inc. relating to non-submission of <br />results of water sampling; hearing set for 25 - 26 tan. '95. <br />8 Dec. '94 Notice of Violation from MLRD to COM, Inc. relating to non-receipt of an <br />approved permit application as required by NOV /tM-94-042 dated September 22, <br />1994; hearing set for 25 - 2b Jan. '95, <br />12 Dec. '94 Gold Hill Mill continues in a state of suspended operation due to a Cease and <br />Desist order issued by the Mined Land Reclamation Board (MLRD), effective <br />September 21, 1994. This Cease & Desist order resulted from a tailings spill that <br />occurred on or about August l4, 1994. The Boulder County Board of Zoning <br />adjustment has, as of December 7, 1994, denied COM, Ines appeal of the <br />County Zoning Staff's previously-stated position that milling of imported ore <br />constitutes an industrial use not permitted in the Forestry Zone. This prohibition <br />specifically included "monzonite" rock from COM, lnc's Mogul Tunnel operation. <br />Sometime during the weekend of December 10 - 11, 1994, a fitting tailed at the <br />base of the concentrates tank in the mill, resulting in the spillage of several <br />thousand gallons of liquified concentrates into the interior of the mill building. <br />Much of the material flowed through drainage lines into the tailings pond; some <br />ended up in a sump area within the building; a small quantity (probably less than <br />one hundred gallons, my estimate) flowed out of the building onto the surrounding <br />ground, where it froze. As of this evening, outside spillage had been 90% - 95% <br />cleaned up. Mill staff plans to complete exterior cleanup tomorrow. <br />14 Dec. '94 Letter from MLRD to COM, [nc. acknowledging receipt 12 Dec. of a resubmittal <br />of a permit application for the Gold Hill Mill; letter includes 2 1!2 page list of <br />