ENFORCE29038

• Permit No: M1988112
• IBM Index Class Name: Enforcement
• Doc Date: 11/17/1993
• Doc Name: STATEMENT OF POSITION REGARDING NOTICE OF POSSIBLE VIOLATIOIN ISSUED OCT 18 1993
• Media Type: D
• Archive: No

~ ui ni~n~u~mm a ~~Ps~~ ~y
999 ~,/
Battl• Mountain Resources, Inc. ~f-L~
etatament of Position / ~? _ ~j
Rogardinq Notias of Possible violation j(
issued October 18, 1993 ,/
Colorado Division of Miaerala and Geology C~ ~,
This position paper is provided to the Colorado Division of
Minerals and Geology and the Colorado Mined Land Reclam tion Board
as a response from Battle Mountain Resources, Inc. (owner and
operator- San Luis Mine - Permit No. M-88-12) to th Division
regarding the Notice of Possible Violation (NOPV) issuedon October
18, 1993.
The Division has notified BMRI of a Notice of Possible Violation as
a result of an incident which occurred on October 1, 1993.
Specifically, the Division believes BMRI violated th Colorado
Mined Land Reclamation Act for failing to comply with its permit
conditions: "The solid and liquid portions of the tailings will
remain contained within the facility. The proposed man gement of
the facility will alleviate the potential of detrimental impact to
the surface water and groundwater of the project area and
vicinity."
Battle Mountain Resources (BMRI) believes it is crucial to
understand the complete event that occurred on October 1, 1993, the
containment of process fluids that occurred, and importantly the
steps BMRI has implemented or is in-process of imple enting to
ensure that a repeat of this event will not occur.
Battle Mountain strongly disagrees with the Division; that the
conditions of its operating permit were not in yompliance
considering both containment and alleviating detrimental ~mpacts to
both surface and groundwaters in the project area and vicinity.
Battle Mountain is not contesting the release of proc ss fluids
from the transport pipe. The event is detailed below. H wever, as
BMRI will further describe, a considerable portion of t e release
did not escape secondary containment and none escaped tertiary
containment, the release was not substantial in quantit nor did
chemical constituents (principally cyanide) pose a hreat or
potential impact to the environment.
The release of process fluids beyond primary containment) occurred
on October 1, 1993. A description of events follows:
1) 6:30 a.m. - The Environmental Engineer advised the Mill
General Foreman of tailings pond construction a tivities
near the following pipelines: Reclaim water ipeline,
the mine pit dewatering line, tailings pipe ine, and
reclaim overflow drain line. A request is mad to idle
the mill and shut pumping systems down while fines are
being relocated under new synthetic liner.
2) 9:00 a.m. - The mill is idled, tailings pi~eline is
emptied, and the reclaim water system is shut own; and
the mine water system is shut down, however, fr,sh water