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' ~ . G:aiibit C • <br />MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE <br />COLORADO DIVISION OF 1ViINERALS AND GEOLOGY <br />AND <br />BATTLE MOUNTAIN RESOURCES, INC. <br />This MEMORANDUM OF UNDERSTANDING, hereinafter referred to as the <br />MOU, is entered into between the Colorado Division of Minerals and Geology, hereinafter <br />referred to as "DMG,' and Battle Mountain Resources, Inc., hereinafter referred to as <br />"BMRI" ("the Parties"). <br />I. PURPOSE <br />The purpose of this MOU is to establish and maintain coordination and concurrence <br />between DMG and BMRI of their respective individual responsibilities pertaining to the <br />administration of "Agreement for Environmental Sampling Services" enterecJ between BMRI <br />and RCG/Hagler Bailly, Inc. (hereinafter referred to as "third party sampling contractor") <br />to conduct independent sampling and analysis of certain monitoring points. associated with <br />the tailings facility at the San Luis mine, a gold mine BMRI operates in Costilla County, <br />Colorado pursuant to Colorado Mined Land Reclamation Board (hereinaftbr referred to as <br />"Boazd") Permit No. M-33-112. Such sampling and analysis is required by a Notice of <br />Violation and Order issued by the Board on May 28, 1992. The purpose of the independent <br />sampling and analysis is to verify BMRI monitoring data derived from the tailings facility. <br />II. COMPLIANCE WITH MOU <br />Both DMG and BMRI affirm that they shall comply with the provisigns of this MOU <br />and that they shall continue to meet the conditions and requirements gpecified in this <br />document. <br />III. OBLIGATIONS OF BMRI <br />Under the terms of this MOU, BMRI shall: <br />1. Contract, byway of the Agreement for Environmental Sampli~[g Services ("the <br />Contract"), with a third party contractor to conduct independent sampling and <br />analysis of certain monitoring points associated with the tailirgs facility at the <br />San Luis mine located at its facility in Costilla Country, Colorado in <br />accordance with the requirements of this MOU. The Contrnct shall include <br />