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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Battle Mountain Resources Inc. )NOTICE OF vIO4ATION My-97-003 <br />P.O. Box 3l0 ) AND <br />San Luis, CO 8 1 1 52-03 10 )ORDER TO PAY P CIVIL PENALTY <br />TO: Battle Mountain Resources Inc. and all other persons engaged in or owning or controlling the following <br />operation: San Luis Project, M-88-112. <br />FINDINGS OF FACT <br />Pursuant to [he authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, <br />the Board hereby makes the following findings of fact: <br />Bade Mountain Resources Inc. is permitted [o conduct a Hardrock/Metal Mine mperation under the terms <br />of Permit M-88-1 12 located in Section 22, Township 32.5, Range 71.W, 06th Prime Meridian, in Costilla <br />County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on March 2G, 1997 to consider <br />possible violation of the teens of Permit M-88-112 and C.R.S. 34-32-101 et se . <br />3. The Division of Minerals and Geology presented evidence at the Formal Publk Hearing on March 26, <br />] 997, demonstrating that: An out-of-containment discharge of cyanide occured below leach tanks #5 and <br />#7 which is non-compliance with section D.5 of [he approved permit. <br />