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<br />system of the tailings disposal area must be significantly upgraded <br />to insure the health and well-being of the San Luis community. <br />(cf. [D.7.4.3], Responses To MLRD Adequacy Letter, Battle Mountain <br />Resources, San Luis Project, File //M-88-112, 15 Feb 1989 <br />30. [D.7.1] BMG does not have water rights from the "of'site <br />supply". This is presently agricultural water, not water for <br />industrial use. Further, HMG does not have water rights to th~~ <br />intercepted waters from the dewatering operations. In the District <br />Court, Water Division No. 3, State of Colorado, Case No. 89CW5. BMG <br />applied for water rights from wells within the mine site. The <br />"subject applications for permits to construct wells" were DEN:.ED by <br />the Office of the State Engineer, Division of Water Resources on <br />August 4, 1989. The question of "hydrologic balance" being <br />maintained by the BMG operation has not been answered. <br />Approximately 50~ of irrigation waters are returned to the aqu:.fer. <br />BMG's plan calls for water loss to the atmosphere. The net wa-:er <br />loss to the agriculture base is a serious concern. <br />31. [D.9] There has not been an agreement with city or county <br />administrations regarding the use of off site sanitary and sol_.d <br />waste disposal operations. Further, the mine plans make no <br />indications of the "several sanitary leach fields" which "will be <br />developed on site to handle sanitary wastes". The influx of wc,ste <br />into the San Luis vicinity could be significant. <br />32. [D.11] Battle Mountain Gold has made no significant <br />effort to develop an Emergency Response Plan which includes the• San <br />Luis community. Of the persons listed in the spill notification <br />list, none are local and the closest is an employee living in <br />Alamosa, 40 miles away from San Luis. BMG persists in circumventing <br />the local government infrastructure. <br />I respectfully request a formal public hearing in San Lui:: to <br />allow the community to address concerns such as the ones that ] have <br />mentioned in this letter of protest. The Mined Land Reclamation <br />Board should not grant this permit since Battle Mountain Gold ('o. <br />does not have water rights. Additionally, I demand that an <br />environmental impact study be conducted by an appropriate agency. <br />Sincerely, <br />// <br />Charlie J J u z, Jr~ <br />P.O. Hox <br />San Luis, CO 81152 <br />(719) 672-3511 <br />-5- <br />