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*x*RMw*waRx******# DRAFT (5-9-00) ***~•~*'~*•~'""•`~*** <br />WATER QUALITY CONTROL DIVISION'S <br />RESPONSE TO PUBLIC COMMENTS REGARDING THE <br />BATTLE MOUNTAIN GOLD COMPANY/BATTLE MOUNTAIN RESOURCES INC. <br />SETTLEMENT AGREEMENT AND STIPULATED ORDER <br />On May 8, 2000, the Water Quality Control Division ("Division") of the Colorado <br />Department of Public Health and Environment ("CDPHE") entered into a Settlement <br />Agreement and Stipulated Order ("Order") with Battle Mountain Gold Company and <br />Battle Mountain Resources Inc. (collectively "Battle Mountain") to resolve alleged <br />violations of the Colorado Water Quality Control Act ("WQCA"). The Order: addresses <br />unpermitted discharges that were the subject of a Notice of Violation and Cetse and <br />Desist Order issued to Battle Mountain on August 20, 1999. On h4ay 12, 20C•0, pursuant <br />to the Division's policy on "Public Notification on Administrative Actions; ' the Division <br />published notice of the Order and the proposed civil penalty and requested comments on <br />the Order. <br />The Division received two seu of comments -- one from attorney Stephen D. <br />Hams on behalf of the Shalom Ranch, and one from attorneys Lori Potter an~i Roger <br />Flynn on behalf of the Costilla County Conservancy District ("CCCD") and the People's <br />Alternative Energy Services ("PAES'~ (collectively "the Groups"). The following <br />summary and response to those comments is hereby incorporated into the Onier and will <br />be attached to the Order upon its execution by the final signatory, <br />1. CCCD and P.~1ES eotnmented that unpermitted dischazges from the 1?attle <br />Motmtain facility have not ceased, and therefore prompt correction of violati ans, as <br />required by the Notice of Violation and Cease and Desist Order ("NOV-CDO"), has not <br />occurred. <br />The NOV-CDO required Battle Mountain to: (1) "[i]mmediately take: whatever <br />measures necessary to Cease and Desist Violating the Water Quality Contro] Act and the <br />regulations promulgated thereto;" (2) notify the Division within thirty days as to what <br />measures will be taken to ensure that no further il]egal discharges occur; (3) submit an <br />application for a Colorado Dischazge Permit System ("CDPS") permit for the dischazges <br />from the West Pit; and (4) submit a plan within thirty day s detailing the freq iency of <br />monitoring for appropriate pazameters in the groundwater, at appropriate points between <br />the West Pit and the Rito Seco and monitoring for appropriate parameters in the Rito <br />Seco to establish the groundwater quality migrating from the West Pit and its impact on <br />the Rito Seco. <br />Immediately after issuance of the NOV-CDO, Battle Mountain made: submittals <br />to the Division seeking authorization to operate a treatment facility. Amendment No. l to <br />the NOV-CDO, issued on October 8, 1999, authorized Battle Mountain to a~mmence <br />treatment of the contaminated groundwater in the West Pit and to dischazge the treated <br />water into the Riro Seco in accordance with the requirements in that Amendment. Before <br />ZO"d ST: £T 00, 6 6oli 855£998£0£:xed <br />