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<br /> <br /> <br />I <br />6. BMRI learned of the results of the analysisof the Sep- <br />tember 13 samples on or before October 17, 1991. Bowlever, BMRI <br />did not notify the Division of the elevated levels ofdcyanide, as <br />required by § 3.0 of the permit, until March 1992. <br />7. The Division took samples at the site on Ap it 1, 1992. <br />Those samples revealed the following cyanide levels: ;220 ppm <br />total and 130 ppm free cyanide in the tailings pond, ~60 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 p~nd. <br />8. The cyanide levels noted in the tailings sl rry, the <br />tailings pond, the collection pond and the leak detec ion system <br />were in violation of the permit conditions. <br />9. Cyanide levels in excess of 50 ppm are a th#eat to <br />wildlife. <br />10. The Division proposed certain corrective altions to be <br />taken by BMRI. The corrective actions are identified in a docu- <br />ment entitled "Battle Mountain Gold Notice of Probabl Violation <br />Abatement Requirements" ("Abatement Requirements"), a copy of <br />which is attached and incorporated herein. <br />11. BMRI has agreed to perform the measures sp~cified in <br />the Abatement Requirements. <br />12. The Division requested that the Board gran the Divi- <br />sion the authority to issue a cease and desist order o require <br />BMRI to cease operations if such action becomes neces ary. BMRI <br />agreed to cease operations if ordered to do so by the Division. <br />13. PAES and CCCD have requested independent monitoring at <br />the site. Monitoring by an independent third party i necessary <br />to verify monitoring results. <br />14. BMRI is subject to a civil penalty of not ore than <br />one thousand dollars per day for each day during whit a viola- <br />tion occurred pursuant to §34-32-124, C.R.S. (7), (19 4). The <br />violation occurred on a continuous basis from Septemb r 13, 1991 <br />to April 7, 1992, the date on which the Division appr ved of the <br />measures proposed by BMRI to reduce cyanide levels. <br />15. If the level of cyanide continues to excee the levels <br />allowed under the permit on or after April 8, 1992, s ch levels <br />may constitute a separate violation of the permit. N part of <br />the civil penalty assessed herein is based on cyanide levels <br />occurring after April 7, 1992. The Division may bring a separate <br />-2- <br />