1985-10-23_ENFORCEMENT - M1977378

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STATE OF COLORADO ^ MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: NOTICE OF VIOLATION Standard Metals Corporatio AND P.O. Box 247 ) CEASE AND DESIST ORDER Silverton, Colorado 81433 ) No. M 85-073 Permit No. M-77-378 ) V TO: Standard Metals Corporation and all other persons engaged in or owning or controlling the following operation: Sunnyside Mine and Mayflower Mill Complex FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 1973, 34-32-124 as amended, the Board hereby makes the following findings of fact: 1 . Standard Metals Corporation is conducting a permitted mining operation in the following location: The Mayflower Mill site, the American Tunnel , the Terry Tunnel and the Lake Emma site specifically located in an unsurveyed area protracted to be in parts of Sections 9 and 10 of T41N, R7W and Section 14,15, 30 and 31 of T42N, R7W of the N.M.P.M. , San Juan County, Colorado. 2. The operator has inadequately disposed of mine and mill refuse and trash so as to minimize impacts to the hydrologic balance and control unsightliness. 3. Drainage control structures at the mine sites, waste rock and refuse disposal areas, tailings disposal area and sludge disposal areas is inadequate and/or unmaintained so,as to minimize surface drainage and resultant erosion and deleterious effects to the hydrologic balance. 4. In 1978, the operator undermined Lake Emma, approximately an 8 acre lake. The result of this undermining has caused the collapse of the lake bottom and dewatering and draining of the lake into the underground mine. This has created off-site damage and has caused degradation of water quality. 5. The operator has inadequately disposed of mine water treatment sludge, a potentially acid forming and toxic producing material . This has occurred at the Terry Tunnel and along the banks of the Animas River, in unapproved locations.