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.~ <br />III IIIII~~IIIIII II I <br /> STATE OF CO~.ORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources ~oc~co~ <br /> ~ <br />'6 <br />he O <br />I31 3 Sherman Sr.. Room 21 5 <br />Denver, CO 80207 ~ <br />~ • <br />Phone: (7031 866-3 567 ~ rave <br />FAX. (303) 832-8106 ~ <br /> Roy Romer <br /> Governor <br /> Michael 8. Lang <br />October 18, 1993 <br />Division Director <br />', <br />Mr. Ken Kluksdahl -w'~`J'"'~ LJ~~"_ <br />Operations Manager / lr,~. ~•7l r>'r '' f ~" `-~ `~j <br />Battle Mountain Resources, Inc. `-!J'CS` - <br />P.O. Box 310 <br />San Luis, CO 81152-0310 <br />Re: Notice of Possible Violation, San Luis Project, File No. M-88-`12 <br />Dear Mr. Kluksdahl: <br />On September 30 and October 1, 1993 we conducted an inspection of y ur mine < <br />and found that appropriate precautions were not taken to prevent a pill of j/Zot~ <br />process water outside of the lined containment system. <br />We believe this is in violation of Section D-6-1 of your permit whi h states <br />in part, "The solid and liquid portions of the tailings will remain contained <br />within the facility. The proposed management of the facility will lleviate <br />the potential of a detrimental impact to the surface water and groundwater of <br />the project area and vicinity." The Division also believes that this is in <br />violation of Section 34-32-124 of the Colorado Mined Land Reclamati n Act <br />34-32-101 et seq. for failure to comply with the conditions of your permit. <br />Therefore, we have found reason to believe a violation exists to Permit <br />M-88-112 and the Law and have scheduled this matter before the Mineci Land <br />Reclamation Board. <br />A Formal Public Hearing will be held during the November 17-18, 1993 <br />Board meeting for consideration of this possible violation. The hea ing will <br />be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br />9:00 a.m. or as soon thereafter as the matter can be considered and ou will <br />have the opportunity to be represented and heard. It will be ratter tad that <br />there is reason to believe that you are in violation of the provisio s noted <br />above. <br />If the Board finds a violation at this hearing, it may issue a cease and <br />desist order, assess a civil penalty in the amount of $100.00 to $1, 00.00 for <br />each day of violation or order the permit be suspended, modified or evoked. <br />In addition it may set the matter for consideration of forfeiture of the <br />$3,345,500.00 financial warranty at a subsequent hearing. If you ha e <br />evidence indicating that the possible violation noted above does not exist or <br />has been corrected, please provide it to us as soon as possible or bring it to <br />the hearing. <br />