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<br />tember 13 samples on or before October 17, 1991. Howe'~ver. BMRI <br />did not noti ion of the elevated levels of cyanide, as <br />_ requir y ~ 3.0 of the permit until March 1992. <br />7. The Division took samples at the site on Apr~'1 1, 1992. <br />' Those samples revealed the following cyanide levels: ~20 ppm <br />total and 130 ppm free cyanide in the tailings pond, 2~0 ppm <br />total and 240 ppm free cyanide in the tailings slurry, and 110 <br />ppm total and 90 ppm free cyanide in the collection po d. <br />8. The cyanide levels noted in the tailings slu ry, the <br />tailings pond, the collection pond and the leak detect~on system <br />were in violation of the permit conditions. <br />9. Cyanide levels in excess of 50 ppm are a thr~at to <br />wildlife. <br />10. The Division proposed certain corrective ac ions to be <br />taken by BMRI. The corrective actions are identified n a docu- <br />ment entitled "Battle Mountain Gold Notice of Probable Violation <br />Abatement Requirements" ("Abatement Requirements"), a dopy of <br />which is attached and incorporated herein. <br />11. BMRI has agreed to perform the measures spe~ified in <br />the Abatement Requirements. <br />12. The Division requested that the Board grant the Divi- <br />sion the authority to issue a cease and desist order t require <br />BMRI to cease operations if such action becomes necess ry. BMRI <br />agreed to cease operations if ordered to do so by the ivision. <br />13. PAES and CCCD have requested independent wa~er moni- <br />toring at the site. Monitoring by an independent thir party is <br />necessary to verify water quality monitoring results. <br />14. BMRI is subject to a civil penalty of not m re than <br />one thousand dollars per day for each day during which a viola- <br />tion occurred pursuant to $34-32-124, C.R.S. (7), (198 ). The <br />violation occurred on a continuous basis from Septembe 13, 1991 <br />to April 7. 1992, the date on which the Division appro ed of the <br />measures proposed by BMRI to reduce cyanide levels. <br />15. If the level of cyanide continues to exceed the levels <br />allowed under the permit on or after April 8, 1992, su h levels <br />may constitute a separate violation of the permit. No part of <br />the civil penalty assessed herein is bas~ed_on.cyanide evels--~ <br />occurring after April 7, 1992. The Division may bring a separate <br />enforcement action for violation ur a er a <br />-2- - <br />