2008-03-03_REVISION - M1988112 (21)

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Objection to BMRI's AM-03 4 Page 2 of 23 February 22, 2008 INTRODUCTION Active mining by Battle Mountain Resources, Inc. (BMRI) at the San Luis Mine ended in 1996-1997. A major activity on the site since that date has been implementation and operation of a water management program to control ground water flows in the vicinity of the Rita Seco and prevent untreated waters from reaching the stream. Under the current plan, ground water wells in the West pit extract.ground water at a rate sufficient to maintain the ground water elevation to prevent outflow into the Rito Seco. Extracted water is processed through a water treatment facility, and after treatment, the water is then. discharged into the Rito Seto under a Permit issued from the Colorado Department of Heath and Environment (CDPHE). The need for the water management program was necessitated for both water quality and water quantity considerations as a result of waters discharging directly into the Rito Seco from the West Pit area. BMRI now seeks to modify its existing permit as to treatment of waters at the water treatment facjlity, and, Instead, pipe the untreated waters to the Shalom Ranch (currently referred to as the Salazar Ranch), with the waters used for direct application through sprinklers for irrigation purposes upon two quarter sections. In addition, an .irrigation reservoir is proposed to be constructed in the West Pit area to hold the untreated waters during the non-irrigation season. NOTICE Notice may be defective in this matter. Notice of this permit amendment is believed to have only been published in the Valley Courier which, for purposes of providing notice in Costilla County, should not be considered as a newspaper of general circulation. BACKGROUND SUMMARY OF THE WEST PITT . FARM WATER MANAGEMENT PLAN As described in BMRI's Amended Application AM-02 of October 2006, there were four key elements of concern to these Opposers: