The Mined Land Reclamation Board issued financial penalties to Grand Island Resources in Nederland during a regular meeting on January 19, 2022. The Colorado Mined Land Reclamation Board (MLRB) is a multi-interest citizen board which establishes the regulations, standards, and policies that guide the Division of Reclamation, Mining and Safety(DRMS).

The MLRB conducted an enforcement hearing for Grand Island Resources in Nederland on Thursday, December 16, 2021, and issued a cease-and-desist order for mining at the Cross and Caribou mines above Nederland.

The Board considered that gold, copper, silver, zinc, and lead found in mining discharge is a possible violation requiring a cease-and-desist order, corrective actions, and civil penalties for failure to minimize disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation.

According to the DRMS staff member Amy Eschberger, the hard rock operation four miles northwest of Nederland off Caribou Road is 8.95 acres, at the headwaters of Coon Track Creek, which flows into the Middle Boulder Creek and then to the Barker Reservoir in Nederland.

The company operates two mines separated by the creek, with underground mining operations at the Caribou Mine and Cross Mine. Staff recommended, and Board Member Lauren Duncan moved, to issue a cease-and-desist order immediately for underground operations, with four corrective actions to take place. The Board was to re-evaluate the fine at their January meeting.

At the January 19 meeting, Eschberger provided a status update along with the appropriate civil penalties. The Division recommended a fine for 85 days at $200 a day for a total civil penalty of $17,000 with all but $5,000 suspended.

The Operator has complied with the cease-and-desist order, and the division completed a site inspection on January 11, Eschberger said. At this time, the Caribou and Cross mine discharges into pond 1, and the discharge into a box.

A back filtration system was installed in November. Since December, the full system has been in place, and pond 2 is not being used. They are waiting for December data, but according to November data, they are meeting standards for metals other than lead.

Speaking for Grand Island, Patrick Delaney, who came on board in December, is automating the system and getting level controls on the system. The heart of the system can be accessed remotely.

On January 10, they started running the system 24/7 and have been monitoring it. Part of the package is increased analytical information, so they have been sampling the discharge daily except weekends.

They hope to have data for the next hearing in March, and are currently training staff members to run the system.

Daniel Takami with Grand Island said they are working on community outreach, having sent letters to local residents and placed information in The Mountain-Ear. They are doing everything they can to reach everyone.

John Henderson with Grand Island said they have 1,800 letters going out to landowners in the area. This mine is not new to the community. Former owner Tom Hendricks had dozens of events in Nederland for some 45 years. Now, of the 52 complaints they have received, they have only identified nine on the drainage from the mine. Putting this in perspective, 400 different parameters were tested and all were within drinking water limits.

Staff member Michael Cunningham said they are pleased with what they saw when they went up there. Things are moving in the right direction and they can make a determination in the next month or two.

Board Member Nell Wareham- Morris said that it is good that they have assembled a team to work up there, but she is concerned there was a lag, and they didn’t realize they needed to engage the City and County of Boulder. There are lessons learned.

Patrick Ortiz said the mining operations are being done properly, and he is impressed with Grand Island keeping agencies abreast, talking to each other, and keeping the community informed. He added, “We need to abide by statutes, and a minimum range would be fitting as a show of good faith.” The Board agrees with the Division’s fine for 85 days at $200 a day for a total civil penalty of $17,000 with all but $5,000 suspended.

The Board will revisit this issue in March.

The next meeting of the MRLB will be on February 16. For more information, go to https://drms. colorado.gov/boards/mined-landreclamation board/meeting-schedule.