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<br />Citizen Opposition to the Project <br />Two groups have expressed formal opposition to the mining project over the years, including [he <br />Western Mining Action Project and the Costilla County Conservancy District. After the <br />discovery of the seeps, these groups made claims of impacts from the mine on downstream <br />water uses and they have indicated that [hey are considering filing a lawsuit against the company <br />under the citizen suit provision of the Federal Clean Water Act. Other than their recent letter, <br />we are not aware of any active involvement of the Alliance For Responsible Mining in the Battle <br />Mountain Gold mining operation or its reclamation. <br />Solution of the Problem <br />In response to increasing concern from the citizens groups and EPA the WQCC issued a notice <br />of violation (NOV) to the company in August of 1999. The NOV required the company to <br />implement the remedy and [o apply for a permit for the discharge form the seeps to the Rito <br />Seco. <br />The company immediately submitted a permit application and mobilized quickly to install a <br />"portable" treatment facility that began operation in October of 1999. The company and the <br />WQCD have been working together on development of the discharge permit and the company <br />has submitted regulaz reports detailing the status of the operation of the treatment facility. The <br />company, through the operation of the remedial pump and treat process, has lowered the level of <br />the water in the West Pit enough to cause the seeps to stop flowing in late Febrt ary. <br />Studies completed by the company and reviewed by DMG and the WQCD indicate that there <br />has been minimal impact to the Rito Seco as a result of the seeps. <br />Recently, private citizens downstream of the mine site have claimed that a well has been <br />corroded due to the discharge from the mine. DMG will be investigating these ~;laims in the <br />next week. At this time, neither agency has reason to believe that the corrosion of the well was <br />caused by the mine. <br />