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• iii iiiiiiiiniii iii • <br />Handout for Mazch 21-22, 2001 Board Meeting <br />Re: Formal Public Hearing for San Luis Project, M-1988-1 12 <br />Board Item: Request by the Division [o discontinue sending monthly reports to 1V1r. Maclovic <br />Martinez regazding receipt from Battle Mountain Resources, Inc. of the samplingilab reports. <br />BRIEF HISTORY <br />At the May 25, 1995 regular meeting, the Board found Battle Mountain Resources, Inc. (BMRI) <br />in violation of Permit M-88-112, specifically C.R.S. 34-32-124, for failure to submit quarterly <br />and/or bi-weekly water sampling ]ab reports for the permitted water monitoring nations, or <br />process stations, as required by the terms and conditions of the approved permit. <br />Ms. Nora Jacquez, PhD, Attorney at Law, representing the Costilla County Cons rvancy District <br />(CCCD), attended the meeting and had asked the Board [o require a third party auditor to monitor <br />the submittal of required lab reports to the Division. The Board refused to require) third parry <br />monitoring of the lab reports. <br />However, the Board directed the Division to send Ms. Jacquez a monthly memo ~rtforming her of <br />the Division's receipt of the required water quality sampling lab results. The mertpo was sent to <br />Ms. Jacquez through November, 1998. On November 16, 1998, Ms. Jacquez left a message with <br />the Division that she no longer represents the CCCD and asked that the Division (;end the <br />monthly memo to Mr. Maclovio Martinez in San Luis, Colorado. Beginning in F~bmary, 1999, <br />and continuing today, the Division sends the memo to Mr. Martinez. <br />CONCLUSION <br />Battle Mountain Resources, Inc. has complied with the requirements of Permit Iv1A-88-112 since <br />the Board issued the NOV in May, 1995. The required lab reports are submitted tb [he Divison <br />soon after BMRI receives and reviews them. The Division feels it is no longer neEessary to send <br />a monthly memo to Mr. Martinez since the intemat procedures BMRI initiated in 1995 (part of <br />the Board Order) adequately addressed the problem that occurred in prior years. Obviously, the <br />system is working because BMRI has not missed sending the required lab results I(or collecting <br />water samples) for nearly six (6) years. Besides, if Mc Martinez still has concern$ about BMRI <br />not sending the required lab reports, he has the right to review the public files anQ make his own <br />determination about whether the reports have been submitted or not. Furthermore), Mr. Martinez, <br />and the public, can be assured that if BMRI fails to submit [he required lab reports they will be <br />taken back before the Board for a possible violation. <br />DNISION RECOMMENDATION <br />The Division recommends that the Board approve the Division's request to discontinue sending <br />monthly memos to Mr. Maclovio Martinez. <br />