The Colorado Mined Lands Reclamation Board (MLRB) met on Wednesday, January 18, 2023, at 9 a.m. for their regularly scheduled monthly meeting. The MLRB is composed of citizens from multiple interests
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The Colorado Mined Lands Reclamation Board (MLRB) met on Wednesday, January 18, 2023, at 9 a.m. for their regularly scheduled monthly meeting. The MLRB is composed of citizens from multiple interests and expertise in agricultural, ecological, and mining fields who “establish the regulations, standards, and policies that guide the Division of Reclamation, Mining, and Safety (DRMS).” Board members are appointed by the state Governor and serve four-year terms. The composition of the MLRB is established by the Colorado Mined Land Reclamation Act.
Grand Island Resources (GIR), owner of the Caribou and Cross Mines, was on the MLRB’s official agenda for a formal public hearing and two enforcement hearings. The formal public hearing concerned GIR’s appeal of the DRMS’s final determination to give the Cross Gold Mine the status of Designated Mining Operation (DMO).
The DRMS stated on February 17, 2022, that their preliminary determination is that the Cross Mine met the definition of a DMO. A DMO refers to a “mining operation at which designated chemicals used in metallurgical processing are present on-site,” and also covers toxic or acid-forming materials, acid mine drainage, and uranium development or extraction. Certain mines are amended and can be considered exempt from receiving DMO status, such as metal mining operations that do not use or store designated chemicals.
DMO status requires the mines to operate under more regulations and oversight.
On July 13, 2022, in response to the DRMS’s determination, GIR filed a petition for appeal to the MLRB to rescind Cross Mine’s status as a DMO. However, on January 10, 2023, GIR formally requested that the MLRB approve their Notice of Dismissal and officially dismiss their appeal.
GIR and the DRMS engaged in discussions regarding the “regulatory compliance requirements” that they must adhere to under the DMO status and how they affect their ongoing mine operations and their Water Monitoring Program. These discussions led to GIR’s decision to withdraw their appeal, stating that it was “in their best interests.”
The MLRB approved the withdrawal. GIR is expected to prepare, submit, and obtain approval of a DMO application, due by July 17, 2023.
The next item on the MLRB’s January 18 meeting agenda was an enforcement hearing concerning GIR’s request to lift the cease and desist order for the Cross Gold Mine. Representatives for GIR also provided to the MLRB an update on the corrective actions that were put into place as a condition of the cease and desist order.
The cease and desist order went into effect on February 18, 2022, for Violation MV-2021-017, concerning the “failure to minimize disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality of water in surface systems during the mining operation and during reclamation.”
GIR submitted requests to lift the cease and desist order on April 29, 2022, which was denied, followed by requests on July 12, 21, and 28. The DRMS directed the MLRB to be responsible for the decision on July 29, and GIR submitted a petition to lift the order to the MLRB on August 15. The matter has been continued across several board meetings until landing on the January 18, 2023, agenda at the request of GIR.
The considerations for lifting the cease and desist order involved whether GIR has been compliant with the MLRB, the results of the hydrologic monitoring (including whether GIR has met requirements), and the determination and subsequent requirements of being labeled a DMO.
The DRMS had determined that GIR was in compliance with the Board’s orders to complete certain corrective actions, which includes submitting quarterly reports. However, the hydrologic monitoring results indicated that samples provided by GIR for the second and third quarters of 2022 were found to contain “many deficiencies.” The DRMS has been working with GIR to assure the deficiencies are addressed.
GIR agreed with the accuracy of the presentation from the DRMS and accepted it as representing their own status report. The MLRB were concerned about the deficiencies found in the samples and asked to hear an additional update from GIR concerning the completion of the imposed corrective actions.
The MLRB inquired whether GIR is required to meet future permitting requirements as per the cease and desist order, to which the DRMS specified that permitting requirements are tied to the DMO status. GIR is therefore in compliance as a result of having withdrawn their appeal of the DMO designation. It was also detailed to the MLRB that the submission of quarterly surface and groundwater monitoring reports imposed as part of the DMO application process is not a condition of the cease and desist order.
The MLRB unanimously approved the motion to remove the cease and desist order. Cross Mine may resume operations pending completion of their application for DMO status, which includes the prerequisite to complete five quarterly surface and groundwater monitoring reports, which GIR has submitted three thus far.
The Colorado Mined Lands Reclamation Board meets at 1313 Sherman Street in Denver, room 318. Meetings are scheduled once a month and held at 9 a.m.; they are recorded via Zoom and are streamed on their YouTube page at: https://www.youtube.com/channel/ UCDrrAO8bIPFlOwce-yH1fWA.
For more information on the MLRB and on any past or future meetings, go to: https://drms.colorado.gov/boards/minedland reclamation-board.