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iii iiiiiiiiiiiuiii , <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF BATTLE MOUNTAIN RESOURCES, INC., PERMIT N4. M-88-112, <br />POSSIBLE PERMIT VIOLATION <br />THIS MATTER having come before the Mined Land Reclamation Board ("the B rd") on <br />January 26, 1999, for a hearing pursuant to Section 34-32-124, C.R.S., the Board akes the <br />following Findings of Fact and Conclusions of Law, and enters the following Ord r: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Battle Mountain Resources, Inc. ("BMRI") operates a mining operation, which is <br />closed and undergoing reclamation, in Costilla County pursuant to reclamation pe~nit No. M-88- <br />112. <br />2. On February 22, 1996, the Division of Minerals and Geology ("Off~ce") approved <br />TR-15, a technical revision to the permit submitted by BMRI. TR-IS established groundwater <br />monitoring points of compliance and the groundwater quality compliance paramet rs for <br />reclamation of the site. <br />3. On July 8, 1998, the quarterly groundwater quality sample taken puFsuant to TR- <br />15 at point of compliance well M-11 R failed to comply with the numeric permit conditions for <br />Total Dissolved Solids ("TDS"). The verification samples for TDS subsequent to }hat date also <br />failed to comply with numeric permit conditions. <br />4. On October 2, 1998, a groundwater quality sample taken pursuant t TR-15 at <br />point of compliance well M-11R failed to comply with the numeric permit conditi ns for Sulfate. <br />Subsequent groundwater sampling at well M-11R during October 1998 showed su fate levels <br />continuing to exceed the numeric permit conditions. <br />5. On December 16, 1998, the Office sent a letter to BMRI stating tha4 the Office <br />had a reason to believe a permit violation existed under Section 34-32-124, C.R.S.' The Office <br />set a hearing on the matter before the Mined Land Reclamation Board for January ~6, 1999. <br />6. On September 24, 1998, BMRI submitted a Response Plan pursuan to TR-15 and <br />initiated a corrective action and study of the causes of elevated levels of TDS and ulfate. On <br />November 16, 1998, BMRI expanded and revised the Response Plan. <br />