ENFORCE33914

• Permit No: M1988112
• IBM Index Class Name: Enforcement
• Doc Date: 12/16/1998
• Doc Name: SAN LUIS PROJECT PN M-88-112 REASON TO BELIEVE A VIOLATION EXISTS
• From: DMG
• To: BMRI
• Media Type: D
• Archive: No

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STATE OF
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
Ill 3 Sherman 5L, Room ? 15
Denver, Culorario 80203
Phone: [phone]
FAX: [phone]
December 16, 1998
Mr. Ron Zumwalt
Battle Mountain Resources. Inc.
P.O. Box 3l0
San Luis, CO 8 1 152-03 10
RE: San Luis Project (Permit NI-88-112), Reason to Believe a Violation Exists
Dear Mr. Zumwalt:
~~
DEPARTMENT OF
NATURAL
RESOURCES
Rnv Romer
Co~unor
lames 5. Lochhead
Fecwive Oneaor
`.r¢hael B Long
Division Duet mr
On July 28, 1998, the Division was notified by Battle Mountain Resources, Inc. thak the analysis of the
groundwater quality sample taken July 8, 1993 at Point of Compliance Well M-11 R indicated a value for
Total Dissolved Solids in excess of the 613 mg/L numeric permit condition. As spe~`ified by the permit,
verification groundwater quality samples were subsequently collected at Well M-1 I R ion August 10, 1998
and August 20, 1998. The analyses of both of these verification samples also indicted values of Total
Dissolved Solids in excess of the numeric permit condition.
The Division believes this is a violation of a permit condition for groundwater pursu~nt to C.R.S. 34-32-
124 and within the authority of the Division of Minerals and Geology acting as an ir>Ilplementing agency
for groundwater standards thru the provisions of Senate Bill 181.
Therefore, the Division has found reason to believe a violation exists to Permit M-88-11 l2 and the Law and
has scheduled this matter before the Mined Land Reclamation Board.
As a result of Battle Mountain Resources, Inc., withdrawing their waiver of the right try a notice of hearing
30 days prior to such a hearing, a Formal Public hearing will be held during the JanL~ary 26, 1999 Board
meeting for consideration of the possible violations(s).
The hearing will be held at the Embassy Suites Hote, 7290 Conunerce Center, Coloradrb Springs, Colorado,
beginning at 9:00 a.m. or as soon thereafter as the matter can be considered anc~ you will have the
opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in
violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty
in the amount of $100.00 to $1,000.00 each day of violation or order the permit be spspended, modified