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v4 LAW OFFICE o~ DOUG GEORGE 1115 Main Street, .Ala~nosa, CO 81101 - Fax No. (719) 589-1450 March 3, 2000 Michael Long, Director Colorado Division of Minerals and Geology ~\~1~~ 1313 Sherman Street, Room 215 ~~r' ~QQQ Denver, CO 80203 ~06 Geo~Y \~t~~ RE: Indication of Rito Seco Upstream Conta\~j~a~tion, Costilla County, Colorado 0`~S Dear Mr. Long: (~ 19) 589-6767 This letter is written with reference to the matters also referenced i n the "Notice of Violation and Intent to Sue Pursuant to the Clean Water Act," dated August 4, 1999, which concerned seeps identified on Battle Mountain Gold property located near San Luis, Colorado. It is my understanding that testing from those seeps identified the discharge of several pollutants including calcium, fluoride, manganese (dissolved), manganese (total), sulphate, TDS, iron (dissolved), iron (total), chloride, potassium, silica (dissolved), silica (total), cadmium, anti copper. At a location approximately 1 mile downstream of the Battle Mountain Gold discharge, my clients, Shalom Ranch and Sandy Cooper, operate a well and irrigation center pivot, which irrigates their alfalfa field. That well and center pivot provide the water for the crop that furnishes feed for the Shalom Ranch operation. This well has operated for many years producing 800 gallons of water per minute. Ho~~ever, in August of 1999, the well lost 50% of its production, resulting in a production of 400 gallons per minute. Mr. Cooper im~estigated the problem thoroughly by ~.he im~olvement of well experts and others; and, after other potential causes of the problem were eliminated (e.g. less water available), he was left with the remaining concern of an unusual and rapid corrosion of the metal parts involved in ~ he well's operation. The corrosion included large white "boils" which only appeared on the casing below the water table and which resulted in clogging of 90% of the pipe perforations. A piping system, used to vacuum out the well, rusted considerably and also developed white deposits, even though that line was only in the hole for approximately 2 weeks.