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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Permit No. M-88-112 <br />NOTICE OF VIOLATION AND ORDER <br />BATTLE MOUNTAIN RESOURCES, INC. <br /> <br />----------I----------- <br />1. This matter concerns an enforcement action b ought by <br />the Mined Land Reclamation Division ("the Division") a ainst Bat- <br />tle Mountain Resources, Inc. ("BMRI") pursuant to §34- 2-124, <br />C.R.S. (1984 S 1991 Supp.) for failure to comply with he terms <br />and conditions of its permit. A hearing in this case as held <br />before the Mined Land Reclamation Board ("Board") on A ril 23, <br />1992. <br />2. Costilla County Conservancy District ("CCCD") and <br />Peoples Alternative Energy Services ("PAES") filed tim ly peti- <br />tions to intervene in this action. The petitions were not <br />opposed. CCCD and PAES were admitted as parties. <br />3. BMRI operates a gold mine in Costilla Countyunder <br />permit no. M-88-112 ("the permit") in which cyanide is used to <br />leach gold from milled ore. Tailings are conveyed fro the proc- <br />essing area by a slurry and are deposited in the taili gs pond. <br />The collection pond is located below the tailings pond, <br />4. Pursuant to the terms of the permit, the lev 1 of cya- <br />nide in the tailings slurry, the tailings pond and the collection <br />pond may not exceed 4.4 parts per million ("ppm") tot 1 cyanide, <br />or 3.8 ppm weak acid dissociable ("WAD") cyanide. <br />5. On September 13, 1991 samples were taken fro the col- <br />lection pond, the tailings pond and the collection pon leak <br />detection system. The test results revealed the follo ing cya- <br />nide levels: 110 ppm total and 84 ppm WAD cyanide in he collec- <br />tion pond, 130 ppm total and 110 ppm WAD in the tailin s pond, <br />and 23 ppm total and 19 ppm WAD cyanide in the leak de ection <br />system. <br />BMRI learned of the results of the analysis ~f the Sep- <br />