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<br />~ Page 3 <br />i <br />December 14, 1998 <br />premature."e On September 24" BMRI provided its response plan and once again persuaded "BMRI <br />wishes to determine a mutually acceptable resolution..."' <br />BMRI's sampling of M-11R continued on October 2ntl, 1998. TDS levels had increased <br />significantly again, 901 mg/L.B Two more samples were taken, that we are aware of, from M-11 R since <br />that time. Samples from October 5"' and 27" indicated that groundwater from M-11 R was still beyond <br />permit conditions for TDS concentration, 876 and 930 mg/L respectively. <br />Table 1 below, portrays changes in TDS levels detected in monitoring well M-11R since 1996.' <br />There is cleady a pattern of increasing in M-11 R TDS concentrations in M-11 R since 1996. <br />Table 1 <br />Total Dissolved Solids (TDS) Monitoring Results <br />from Monitoring Well M-11R. Battle Mtn. Gold <br />San Luis, Colorado <br /> Permitted Level 613 <br /> 1996 May 550 <br /> June 540 <br /> July 660 <br /> Aug. 510 <br /> Sept. 510 <br /> Oct 492 <br /> Dec. 517 <br />~ 1997 Jan 507 <br />~' March 480 <br /> April 478 <br /> July 467 <br /> Oct 201 <br /> 1998 Jan. 479 <br /> April 492 <br />. July 8 661 <br /> <br />~ Aug. 10 772 <br />' Aug. 20 696 <br />~ Aug. 27 720 <br />' Oct. 2 901 <br /> Oct. 5 876 <br />As can be seen by the data in Table 1, TDS levels in M-11R have not complied with permit <br />standards since at least July 8'". If TDS levels have not decreased below permit levels since October <br />27`", then by the December 16°i hearing, the M-11 R TDS violation will be at least 161 dayg of age. <br />e Bill Lyle, September 17, 1998, Letter to Mike Long. <br />' Bill Lyle, September 24, 1998, Letter to Jim Dillie. <br />e Ron Zumwalt, October 20, 1998, Letter to Jim Dillie - Bi-weekly monitoring results. <br />Table I provides Water Quality Monitoring Data, Inorganic Analvses Results, for M-I I R. Data provided <br />to the Division by BMRI. Analyses provided by Sangre de Cristo Laboratory; and data obtained from the <br />TR-15 Response Plan, November 1998. <br />