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Page 2 Mr. Michael B. Long • April 28, 1995 the responsible employee asserted that the sampling had been conducted and samples shipped to the laboratory. herefore, Battle Mountain determined it was appropriate o review pertinent shipping records for the period and conduc a review of the available files in your office. Unfortunate y, those reviews, completed on April 6, did not uncover the mi sing data and after attempting to contact you that afte noon, we scheduled a meeting for April 7 at which time we no ified you of the missing data and concurred with your direction to your staff to review all files in the office to reconfi~m Battle Mountain's conclusion that the data had not been re eived by the Division. Battle Mountain took immediate ~ction in response to the circumstances and took appropriate ersonnel action on April 10. We have appointed Sally I-~ayes, an experienced environmental engineer, to assume environmental duties at the mine and have made changes in our internal administrative reporting mechanism to ensure a~ainst a recurrence of the problem. Battle Mountain recognizes that the data gap is serious matter, and for that reason, we have taken what we be~ieve are serious and appropriate steps in response, as outlin d above. That stated, however, we believe it is important to state unambiguously that the data gap does not in any way i icate or suggest any compromise to the environmental integri~y of the San Luis facility. There have been no unanticipated events at the facility during the period in question. A revi w of the daily on-site records of the performance of he INCO detoxification unit, including daily active tailings and collection pond data, indicates that the unit perfor d within its design specifications and that the solution in the tailings facility remained within the compliance limi s during the period. Subsequent monitoring of both the tailings solutions as well as the groundwater monitoring net~rork have revealed no abnormalities whatsoever. On the basis of our April 24 meeting with you and Mr'. Dillie, we understand that your office has completed its rev~ew which confirmed that the data was not in the DMG files and that you intend to bring this matter to the attention of t e Board. Battle Mountain intends to cooperate fully with you,and your staff and will, as appropriate, provide you with whatever available information you believe would be helpful tp a t