ENFORCE34742

• Permit No: M1988112
• IBM Index Class Name: Enforcement
• Doc Date: 10/18/1993
• Doc Name: NOTICE OF POSSIBLE VIOLATION SAN LUIS PROJECT FILE M-88-112
• From: DMG
• To: BATTLE MTN RESOURCES INC
• Media Type: D
• Archive: No

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STATE OF
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DIVISION OF MINERALS AND GEOLOGY
Deparlmem of Natural Resources
1313 Sherman 51 , Room 21 5
Denver, CO 80203
Phone: [phone]
FAx: [phone]
October 18, 1993
Mr. Ken Kluksdahl
Operations Manager
Battle Mountain Resources, Inc.
P.0. Box 310
San Luis, CO 81152-0310
Re: Notice of Possible Violation, San Luis Project, File No. M-88-1112
Dear Mr. Kluksdahl:
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Roy Romer
Governor
Michael g Lnng
Division Direao~
On September 30 and October 1, 1993 we conducted an inspection of ybur mine
and found that appropriate precautions were not taken to prevent a spill of
process water outside of the lined containment system.
We believe this is in violation of Section D-6-1 of your permit whi h states
in part, "The solid and liquid portions of the tailings will remain contained
within the facility. The proposed management of the facility will ~lleviate
the potential of a detrimental impact to the surface water and grow dwater of
the project area and vicinity." The Division also believes that th's is in
violation of Section 34-32-124 of the Colorado Mined Land Reclamati n Act
34-32-101 et seq. for failure to comply with the conditions of your permit.
Therefore, we have found reason to believe a violation exists to Pe mit
M-88-112 and the Law and have scheduled this matter before the Mine Land
Reclamation Board.
A Formal Public Hearing will be held during the November 17-18, 199
Board meeting for consideration of this possible violation. The he ring will
be held in Room 318 of 1313 Sherman Street, Denver, Colorado, begin ing at
9:00 a.m. or as soon thereafter as the matter can be considered and you will
have the opportunity to be represented and heard. It will be reite ated 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 teas and
desist order, assess a civil penalty in the amount of $100.00 to $1 000.00 for
each day of violation or order the permit be suspended, modified or revoked.
In addition it may set the matter for consideration of forfeiture o the
$3,345,500.00 financial warranty at a subsequent hearing. If you h ve
evidence indicating that the possible violation noted above does no exist or
has been corrected, please provide it to us as soon as possible or ring it to
the hearing.