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HYDRO29057
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HYDRO29057
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Last modified
8/24/2016 8:48:06 PM
Creation date
11/20/2007 10:17:37 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1988112
IBM Index Class Name
Hydrology
Doc Name
TABLE OF CONTENTS
Media Type
D
Archive
No
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COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division <br />Rationale -Page 7 Perntit No. CO-0045675 <br />Table V-1 (Cont.) <br />Since all the reported samples for mercury and siher are below [he minimum Jere[ ojdetection, these values are not couidered <br />exceedances of the chronic limits jor these parameters. <br />All constituem efJlaent concentrations reported as less than the analvtica[ detecion [ere[ were assigned the value of zero (0) in preparing <br />the Mean Effluent Concemration calculatiwt. This assignrnem is carsisteru xdth the CDPHE Notice of Violatiot/Cease and Desist Order, <br />Amendment Number 1 and the draft CPDS perntit. <br />V. PERFORMANCE H/STORY <br />B. Enjoreemenl History <br />On August 20, 1999, the Division of Administration of the Colorado Department of Public Health and Environment issued <br />to Battle Mountain Resources, Inc. and Battle Mountain Gold Company a Notice of Violation and Cease and Desist Order <br />("NOV/CDO"). /n dtis NOV/CDO, BMR/ was notified dta! [he facts described in items 22 through 27 ojthe "Findings of <br />Fact" demonstrate containae violations of § 25-8-50/(1), C.R.S., which provides in pertine»t part: <br />"No person shall discharge any pollutant info any state water from a point source <br />without first having obtained a permit jrorn the division for such discharge. " <br />22. TR-26 indicates that "The balance of the groundwater Ilow mixes in the alluvial aquifer and a portion of the mixture Oows <br />past the groundwater well M-I lR. The increase in concentrations of sulfate and TDS recorded in groundwater at M-1IR is consistent <br />with the downgradient migration of groundwater outflow from [he West Pit. Elevated concentrations of sulfate and TDS observed at M- <br />l IRdepend on the geochemical processes that influence the release of sulfate from the backfill material and on the groundwater travel <br />time between the location of groundwater Flow from the West Pit and M-I IR.' <br />23. TR-26 includes a lengthy discussion of the geochemistry of the materials that were used to backfill the West Pit. The <br />discussion concludes that sulfate and manganese are leaching from the backfilled materials in the West Pit and that groundwater <br />containing elevated levels of sulfate and martganese is migrating from the West Pi[ into the Rito Seco alluvial aquifer. <br />24. BMRI and BMC,C are persons as defined by § 25-8-103(13), C.R.S. <br />25. The discharge of manganese. sulfate and inorganic constimems from the seeps into the Rito Seco, as described in <br />paragraphs 13 and 14, above, constitutes a discharge of pollutants as defined by § 25-8-103(3) & (IS), C.R.S. <br />26. The discharge of manganese and sulfate that are leaching from the backfill materials in the West Pit into the Rito Seco <br />alluvial aquifer, as described in paragraphs 22 and 23, above, constitutes a discharge of pollutants as defined by § 25-8-103(3) & (IS). <br />C.R.S. <br />27. The groundwater downgradient from the West Pit is -state waters" as defined by § 25-8-103(19), C.R.S. The groundwater <br />downgradient from the West Pit is tributary groundwater and is hydrologically connected, as described in paragraph 19, above, to the Rito <br />Seco which is also "state waters". <br />The Cease and Desist Order contained several requirements, including <br />I. Immediately take whatever measures necessary to Cease and Desist violating the Water Quality Control Act, § 25-8-101 to <br />703, C.R.S. and regulations promulgated thereto. <br />2. Within 30 days after issuance of this Order, notify the Division in written (ornt as to what measures will be taken to ensure <br />that no further illegal discharges occur from the West Pi[. <br />3. Within 10 days submit an application for a Colorado Discharge Permit System permit for the discharge from the West Pit <br />to groundwater and for any remaining discharges from seeps of groundwater from the West Pit into the Rito Seco. <br />4. Within 30 days after issuance of this Order, submit a plan detailing the frequency of monitoring for appropriate <br />parameters in the groundwater, at appropriate points between the West Pit and the Rito Seco, and monitoring for appropriate parameters <br />in the Rito Seco, that will establish the quality of the groundwater migrating from the West Pit and the impact that the migrating <br />groundwater is having on the Rito Seco. <br />5. Within 10 days after issuance o(this Order, notify the Division in written form of your intent to comply herewith. <br />
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