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Page 1 <br />COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division <br />Rationale -Page 10 Permit No. CO-0045675 <br />27. The groundwater downgradient from the West Pit is'state waters' as defined by § 25-8-103(19), C.R.S. The <br />groundwater downgradient hom the West Pit is tributary groundwater and is hydrologically cenneded, as described in <br />paragreph 19, above, to the Rito Seco which is also •~state waters". <br />The Cease and Desist Order contained several requirements, including: <br />1. Immediately fake whatever measures necessary b Cease and Desist violating the Water Quality Control AcC § <br />25-&101 to 703, C.R.S. and regulations promulgated thereto. <br />B. Enforcement History (Cont.) <br />2. Within 30 days after Issuance of this Order, notify the Division in written forth as to what measures will be taken to <br />ensure that no further illegal discharges occur from the West PiL <br />3. Within 10 days submit an application for a Colorado Discharge Permit System pertnil for the discharge from the <br />West Pit to groundwater and for any remaining discharges from seeps of groundwater from the West Pit into the Rito Seco. <br />4. Wifhln 30 days after Issuance of this Order, submit a plan detailing the hequency of monlbdng for appropriate <br />parameters in the groundwater, at appropdab points between the West Pit and the Rito Seco, and monitoring for approtuiate <br />parameters in the Rib Sece, Drat will establish the quality of the groundwater migrating from the West Pit and the impact that <br />the migrting groundwater is having on the Rito Seco. <br />5. Within 10 days after issuance of this Order, notify the Division in written form of your intent b comply herewith. <br />On October 8, 1999, the Division o(Administretion o(the Colorado Department of Public Health and Environment <br />issued to Battle Mountain Resources, inc. and 8attie Mountain Gold Company Amendment No. 1 to the Notice of <br />Violation and Cease and Desist Order ('NOV/CDO~ issued August 20, 1999. In the Amendment No. 1 to the <br />NOV/CDO, BMRI was authodzed, es of the date of this Amendment, to commence treatment o/the contamin,3ted <br />groundwater in the West Pit and discharge such treated water to the Rito Seco in accordance with several <br />requirements. These requirements included: providing the Division with a notice o(start up; requirements of daily <br />monitodng of effluent during the initial start-up period (tor the first 14 days of initial discharge) (or pH, flow, sulfate, <br />dissolved manganese, and fluoride; spec cations of effluent limitations (or the period following the initial start up <br />period; and submittal ofbiweekly reports of treatment facility operations and discharge monitoring report data. A <br />summary of the discharge bi-weekly report data is included previously in Table V-1. <br />fn response, BMRI has complied with the above Rems o(the NOV/CDO and its Amendment, responded to each <br />requirement, and has submitted bi-weekly reports. <br />C. Facilitylmprovements <br />TR-26 provides an exact description o(the system improvements that have been, or will be, implemented by BMRI <br />to protect the environment. Spec~cally, section 1.0 provides a chronology through March 22, 1999. <br />Improvements made alter that date include further collecflon of the seepage and pumpback to attempt to reduce <br />the flow (rom the seepage front. Additionally, an enhanced evaporation system was installed and commissioned <br />to dispose o/water extracted /rom the alluvium and backfill as a component of the long-term water management <br />program as described in section 6.1.2 0/ TR-26. Since October 1999, groundwater pumped from the West Pit <br />backfill has been treated and discharged to the Rito Seco, as described in Part VA(1). Details of the water <br />treatment system have been previously discussed in this rationale (see Part IV.B.) In addition, two groundwater <br />capture wells (M-32 and M-33) have been installed in the downgradient Rilo Seco alluvial aquifer to prevent hrrther <br />downgradient migration o(the Rito Seco alluvial groundwater plume. <br />Other improvements that have occurred or are anticipated are as follows <br />Long-term management activities would be implemented throughout the period of this permit and consist of <br />controlling flow from the West Pi! and lowedng the water level in the Wesf Pit to reverse (he hydraulic gradient. <br />The pdmary components o/these activities include: <br />Water removed by combination of enhanced evaporation (summer 1999) and membrane separation (rom winter <br />1999 through the term of this permit. <br />Pumping (rom backfill area, window area, and downgradient Rito Seco alluvial aquifer (as necessary to maintain <br />