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CDFHE iLIGCD .Fax S0~-. =c-03S0 May 10 ~0 1d 22 F.Or 4. For scttlcmcnt purposes and pursuant to the guidelines contained in the Cwil Penalty Policy, the Division has exercised its enforcement discretion to adjust the initial civil penalty as follows: (a) The Division provided a fifteen percent reduction from the initial evil penalty for mitigating circumstances due to Battle Mountain's prompt cor action of its violations, as described in paragraphs 11, 12, 14-17, and 20-22 abov, , brining the civil penalty to 3173,400: and (b) The Division discounted the amount calculated in paragraph 4(a) bove by Fifty percent. This reduction is consistent with the Civil Penalty Policy fo~ purposes of settlement in lieu of litigation of this enforcement action. 5. After the adjustments outlined above, the final civil penalty to be impose under this Order is 38b,i00. This civil penalty is intended to fully address all violation of the CWQCA that have arisen as a consequence of seepage of potentially contaminate water from, in, and around the West Pit at the San Luis Ntine to the Rito Seco and to groundwater which is hydrologically connected to the alluvial aquifer associated with the Rito Seco. 6. Battle Mountain has proposed to offset $15,000 of the civil penalty with a' supplemental environmental project. Battle Mountain shall donate the sum of $3 ,000 to the Costilla County Water end Sanitation District with the direction that the fund be used for capital improvements necessary to enhance the performance of the Costilla C unty wastewater treatment facility located at San Pablo in Costilla County, Colorado. n accordance with the Civil Penalty Policy, the amount of penalty reduction shall b fifty percent of the actual cost of the project. Accordingly, Battle ivlountain's expendi re on the supplemental environmental project will amount to $30,000. 7. Shortly after BMGC, BivlP.i, and the Division sign this Order, athirty-da public ~ notice comment period will commence. At the expiration of the public notice pe od, the Division agrees to petition CDPHE's Executive Director, or her designee, to imp~se a $86,700 civil penalty against BMRI and BMGC. 8. In order to satisfy the amount of the civil penalt}•, BMRI and BMGC agre to pay a 371.700 civil penalty and to donate $30,000 for the supplemental environmenta project within thirty days after receiving written notice of imposition of the penalty. The civil penalty shall be paid by submittal of a check or money order to the "State of Col do General Fund" and addressed [o the Water Quality Control Division, Water Prole lion Section, 4300 Cherry Cree1C Drive South, Denver, Colorado 30246-1530. 9 If Battle Mountain fails to donate 330,000 For the supplemental environm ntal e project described in this Order, Battle Lountain shall be liable for payment to the State General Fund of the full amount of the imposed civil penalt}•.