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CCFHE WOCD ~ax:~0~-752-090 May 10 ~0 1~~22 F. 05 I 19. On September 2Q 1999, BMRI and BMGC filed en Answer to the Finding$ of Fact, Response to Notice of Violation, and Request for Hearing ("Battle Mountainls Answer'). A copy of Battle Mountain's Answer is attached as Exhibit B and is incorporated by rcFerence herein. 20. In Augvst 1999, BMRI petitioned the WQCD for authorization to conduct Interim water treatment activities associated with the West Pit. During the same month, B mobilized and commenced installation of temporary water treatment facilities at th stte. 21. On October 8, 1999, the Division issued "Amendment Na. I to the Notice f Violation and Cease and Desist Order Issued August 20, 1999." The Amendment authorized Battle Mountain to commence operation of a treatment plant to ensure rompt mitigation of potential impacts to the Rito Seco associated with the West Pit. The nterim treatment plant has been operational, with the exception of initial commissioning activities, routine maintenance, and treatment optimization, since October 1999. I 22. In October 1999, Battle Mountain commenced detailed engineering and contracting for the construction of a permanent water treatment facility capable of treating and discharging 400 gallons per minute of treated water. Construction oft is facility commenced on October 20, ] 999, and Battle Mountain initiated commissio ing of the permanent facility on or about March 5, 2000. On a parallel course, BMRI as investigated, engineered, and permitted the implementation of a pilot scale in-situ treatment process for the West Pit. IL CDPHE'S CONCLUSIONS OF LAW The Division's conclusions of law are as follows BMRI and BMGC are "persons" as defined by section 25-8-103(13), C.R.S. 2. The discharge of manganese, sulfate, and inorganic constituents From the s eps into the Rito Seco constitutes a "discharge of pollutants" as defined by sections 25 8- 103(3) & (IS), C.R.S. 3. The leaching of manganese, sulfatc, and inorganic constitucnts from the W Izt Pit backfil] materials through groundwater and through the Rito Seco alluvial aquifer t~ the surface flow of the Rito Seco, constitutes a "discharge of pollutants" as defined by sections 25-3-]03(3) & (IS), C.R.S I d. The groundwater downgradient from the West Pit is tributary groundwater g.nd is hydrologically connected to the Rito Seco, which is "state waters" as defined by se lion 25-8-103(19), C.R.S.