GENERAL47735 - Laserfiche WebLink

Home Browse Search

04/17/2001 TL~E 18:25 FAE J~9J 8i0S KHGK LLC • ~ 005/009 RECEIVED MdR 0 1 1999 BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF BATTLE MOUNTAIN RESOURCES, INC., PL•RM1T NO. M-88-112, POSSIBLE PERMIT VIOLATION THIS MATTER having come before the Mined Land Reclamation Doard ("the Board's on January 26, 1999, for a hearing pursuant to Section 34-32-124, C.R.S_, the Board makes the following Findings of Fact and Conclusions of Law, and enters the following Order. FINDIIdGS OF FACT AND CONCLUSIONS OF LAW 1. Battle Mountain Resources, inc. ("BMRI") operates a mining operation, which is closed and undergoing reclamation, in Castilla County pursuant to reclamation penttit No. M-88- 112. 2. On February 22, 1996, the Division of Minerals and Geology ("Office's approved TR-15, a technical envision to the permit submitted by BMRI. TR-15 established groundwater monitoring points of compliance and the goundwater quality compliance parameters for reclamation of the site. 3. On July 8, 1998, the quarterly groundwater quality sample taken pursuant to TR- 15 at point of compliance well M-L 1R failed to comply with the numeric permit conditions For Total Dissolved Solids ("TDS'~. The verification samples for TDS subsequent to that date also failed to comply with numeric permit conditions. 4. Or. October ?, 1998, a groundwate; quality sample talon pursuant to TR-15 at point of compliance well M-11 R failed to comply with the numeric permit conditions for Sulfate. Subsequent groundwater sampling at well M-11R during October 1998 showed sulfate levels continuing to exceed the numeric permit conditions. 5. On December 16, 1998, the Office sent a letter to BMRI stating that the Office had a reason to believe a permit violation existed under Section 34-32-124, C.R.S. The Office set a hearing on the matter before the Mined Land Reclamation Board for January 26, 1999. 6. On September 24, ]998, BMRI submitted a Response Plan pursuant to TR-15 and initiated a corrective action and study of the causes of elevated levels of TDS and Sulfate. On November 16, 1998, BMRl expanded and revised the Response Plan.