Laserfiche WebLink
• <br />7. At the hearing on January 26, 1999, the board heard presentations y the Office, <br />BMRI, the Costilla County Conservancy District ("CCCD"), Peoples Alternative nergy <br />Services ("PAES"), and the Mineral Policy Center ("MPC"). The Board considered the evidence <br />and testimony offered during the presentations, and found the following: <br />a. The specific hydrologic and geologic causes of elevated levels of TDS and <br />Sulfate in the groundwater at well M-11R are still under study as part of BMRI's dorrective <br />action. <br />b. TR-15 states that if a quarterly measurement and two verification samples <br />"lie outside of the Permit Condition Values, then the [Office] may notice BMRI o1l' a possible <br />violation of that condition of its permit." <br />c. BMRI is currently conducting "TR-15 Response Plan: Sup}~lemental <br />Monitoring at West Pit, BMRI's San Luis Project, Permit No. M-88-112." That response plan <br />will result in a report to the office, submitted in the form of a technical revision to Ithe permit. <br />d. BMRl has complied with the self-reporting and monitoring kequirements <br />of the permit. <br />8. The original $6,100,000.00 financial warranty is still available to tl~e Office as a <br />reclamation resource. <br />ORDER <br />Based on the above findings and conclusions, the Board ORDERS that: <br />No violation of BMRI's Permit No. M-88-112 is found. <br />2. BMRI shall continue with and complete the corrective action cun•e~htly underway, <br />the completion deadline being Mazch 31, 1999. The corrective action shall be to i+nplement the <br />response plan submitted in November 1998 as "TR-15 Response Plan: Suppleme al Monitoring <br />at West Pit, BMRI's San Luis Project, Permit No. M-88-112" according to the sc dine provided <br />with the plan and to supply a final report of the investigation described in the plan las the <br />schedule indicates. The final report must be submitted as a Technical Revision to he permit for <br />approval by [he Division. The report must propose specific actions by the permitt~e and a <br />schedule of their implementation which will provide for the future protection of gtlound and <br />surface water quality in the area of the West Pit. The report and plan shall be mailed to CCCD <br />and its counsel, PAES and its counsel, and MPC. <br />3. BMRI shall install a new monitoring well for the Santa Fe formatidn in the <br />vicinity of current wells PW-2 or PW-3. <br />