2008-05-30_REVISION - M1988112

• Permit No: M1988112
• IBM Index Class Name: REVISION
• Doc Date: 5/30/2008
• Doc Name: Correspondence from John C. McClure, Esq.
• From: DRMS
• To: Battle Mountain Resources, Inc.
• Type & Sequence: AM3
• Email Name: WHE
• Media Type: D
• Archive: No

MCCLURE & EGGLESTON, L.L.C.
A L[MrMD LIABUM COMPANY
ATTORNEYS AT LAW
PETER M. EGGLPSTON
JOHN C. MCCLURE
RUBY M. WHITELEY, PARALEGAL
1401 17TH STREET, SUITE 660
DENVER, COLORADO 80202-1244
TELEPHONE: [phone] FACSIMILE: (303) 2940824
DIRECT LINE: [phone]
May, 15, 2008
Jeff Fugate, Esq.
Assistant Attorney General
Natural Resources & Environment Section
1525 Sherman Street, Rm. 125
Denver, CO 80203
Re: Battle Mountain Resources, Inc.
San Luis Project
Permit No. M-88-112
Amendment No. AM-03
Dear Jeff
15 WASHINGTON, S1ATE 106
MONTE VISTA, COLORADO 81144
PLEB DIM-AU Mnu TOT eCnN nADDEM
TELEPHONE: [phone]
n "Geived
MAY 16 2008
Durango Field Office
Division of Reclamation,
Mining and Safety
Thank you for you e-mail of April 18, 2008, setting forth the section of the regulations
dealing with amendments to the permit. During our discussion, we reviewed whether or not
adding additional land to the permitted area is a practice that commonly occurs. After we spoke,
I followed-up on that issue with Mr. Wally Erickson. Also, I have now received a copy of Mr.
Erickson's adequacy letter to Mr. William Lyle, of April 25, 2008.
Let me set forth my understanding of the facts. If my understanding is incomplete or
inaccurate, please advise.
Battle Mountain Resources, Inc. (BMRI) is currently in the reclamation phase with its
existing DRMS permit. Reclamation has not been completed, but is in the process of moving in
that direction. If BMRI had elected to continue to pursue its current course of action, and other
facets of the required reclamation phase were satisfied, at the end of the day, BMRI would have
only the water treatment facility in place. .
As far as treating the waste waters, the water treatment facility satisfies the needs of
reclamation. The water treatment facility treats untreated waters from the West Pit area which
allows BMRI to then discharge the treated waters to the Rito Seco under a permit issued by the
Colorado Department of Public Health and Environment (COPHE). As these waters continually
flow out of the West Pit area, it requires pumping in and around the West Pit area to lower the
water table which then prevents these waters from reaching the Rito Seco. If the last remaining
reclamation issue for BMRI is treatment of the waters (along with the attendent pumping), and