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~' <br />September 20, 1999 <br />DECEIVED <br />- - 1999 <br />Mr. Dave Akers <br />Colorado Department of Public Health and Environment `~ n:.on e(idinerah & Geology <br />Water Quality Control Division-WQCD-WQP-62 <br />4300 Cherry Creek Drive South <br />Denver, Colorado 8024tr1530 <br />Re: Notice of Violation and Cease and Desist Order (NOV/CD) <br />In the Matter of. Battle Mountain Gold Co. and Battle Mountain Resources Inc. ("Respondents") <br />Dear Mr. Akers: <br />Paragraph 2 of the above referenced Cease and Desist Order requires Respondents to: <br />"Within 30 days after issuance of this Order, notify the Division in writing as to what measures will be <br />taken to ensure that no further illegal discharges occur from the West Pit" <br />This letter and its attachments constitute Respondents' formal submittal of information necessary to comply with <br />Paragraph 2 of the above referenced Cease and Desist Order. The attached Response Plan summarizes actions that <br />Respondents' have taken and intend to take in the future to comply with the lawful requirements of the Cease and <br />Desis[ Order and applicable law and regulations. These actions include the submittal of a CDPS Permit <br />Application addressing active treatment as well as the seepage front associated with the West Pit, the submittal of a <br />Minimal Discharge Permit Application to address interim treatment and, the mobilization and construction of the <br />necessary pumping and treatment facilities to commence treatment and discharge operations. The applications <br />necessary to authorize these activities are currently pending before your office and Respondents are prepared to <br />commence interim treatment activities following receipt of the requisite approvals. In additic,n, file enclosed <br />response plan summarizes response activities that have been approved by the Division of Minerals and Geology <br />and aze currently underway at the site, including the pumping and evaporation of alluvial groundwater. <br />Finally, the Response Plan contemplates additional response activities including long-term water management <br />procedures and the construction ~f a slurry wall and other response activities, which are subject to further <br />regulatory review and authorization prior to their construction and implementation. Therefore it is important to <br />note that the implementation of the response actions summarized herein is subject to such regulatory decisions <br />which could approve, modify or deny the proposals set forth in the attached document. We intend to provide your <br />office with copies of :he relevant regulatory submittals and resultant decision documents in an effort to ensr:re that <br />you are advised as to the status of the regulatory review of such proposals and the implications of such review <br />regarding the implementation of the proposed activities. <br />We believe that this submittal fully complies with the requ'vements of Paragraph 2 of the Cease and Desist Order <br />and would request that you incorporate copies of this submittal into the administrative record of this proceeding. <br />Please contact the undersigned if you have any further questions regarding the information included herein. Thank <br />you. <br />Sincerely, <br />Bill Lyle <br />Director of Enviro ental Affairs <br />U.S. Operations <br />cc: Mike Long, Division of Minerals and Geology <br />• III I~IIIIIIIIIIIII <br />:i7r;-~ 999 <br />BaFFIe MounFain Gold <br />333 CLAY STREET SUITE A200 HOU6TON,TE%AS ]]002-6103 (]131 650-6A00 FA% (]13) 650.3636 TELE% ]63804 ~ <br />