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~~ <br />f • • III IIIIIIIIIIIIIIII <br />999 STAT~OF C ~ LORADO <br />MINED LAND RECLAMATION DIVISION of ~a~o <br />~.....~~ <br />Department of Natural Resources r _.as <br />„r <br />1313 Sherman St.. Room 215 , ~~„~~ , <br />Denver,C080203 , tip; <br />303 8663567 • rage <br />Fax 303 8328106 <br />Roy Romer. <br />Governor <br />Michael 8. Long, <br />May 13 , 1992 Division D~recror <br />Ms. Joanie Berde <br />P.O. Box 15 <br />Llano, New Mexico 87543 <br />RE: Battle Mountain Gold San Luis Mine, File No. M-88-112 <br />Dear Ms. Berde: <br />Thank you for your letter concerning the San Luis Mine. The Divisi n has <br />given the cyanide issue at San Luis our highest priority. We are w rking hard <br />with the citizens at the area and the company to get the mine back nto <br />compliance as soon as possible. I have attempted to answer your qu stions <br />(listed below). <br />Also, for your information I have included a copy of abatement requ rements <br />imposed by the Board at the April 22-23, 1992 Notice of Violation h aring. <br />(1) Why was the Battle Mountain Gold Mine allowed to re-open only a <br />week after the State of Colorado ordered the mine to cea e <br />operating because of high levels of toxicity? <br />Under the provisions of the Colorado Mined Land Reclamation Act the <br />Division does not have authority to issue a Cease and De ist Order <br />to a permitted mining operation. Only the Mined Land Re lamation <br />Board may issue such an order if it finds the operator i <br />violation. The Division asked the operator to voluntarily cease <br />operations. They did so until a technical revision was pproved by <br />the Division. The technical revision that was approved as <br />intended to allow the company to operate so that the elevated <br />levels of cyanide would be reduced. j <br />C2) Why did the MLRD allow the mine to continue operating, knpwing that <br />these high levels existed? <br />Again, the Division has no authority to prevent a permitt d <br />operator from operating. Only the Mined Land Reclamation Board may <br />issue a Cease and Desist Order. Also, it was necessary t run the <br />mill in order to treat the slurry to achieve cyanide deto ification. <br />