Laserfiche WebLink
March 6, 2002 <br />~ED~,iVED <br />Ms. Janet Binns MAR ~ ~ 2U02 <br />Environmental Protection Specialist Division of Minerals and GeolagY <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Notice of Violation No. CV-2001-004 -Permit C-81-044 (NPDES CO- <br />00314142). <br />Dear Ms. Binns: <br />During the Fourth Quarter 2001, RAG Empire Corporation (RAGEC) self-reported in <br />their discharge monitoring report (DMR) that no water samples were collected during the <br />month of December, 2001 for three sites (Outfalls 003, 022, and 024) that had <br />discharged. Based upon this sampling omission, DMG issued the subject Notice of <br />Violation (NOV), as discussed in your letter of February 21, 2002. <br />The following letter and attachments will serve to provide additional information <br />pertinent to the NOV, which may be incorporated in your final evaluation of any <br />potential fine. <br />RAGEC has reviewed DMG frequency/parameter requirements under the recently <br />approved TR 01-32. In addition, RAGEC has examined the last 5 years of available <br />historical data from these three Outfalls to access the probability of whether or not any <br />significant impacts might have occurred during the December 2001 sampling omission. <br />Based upon this effort, and a review of the missing items in your February 21, 2002 <br />letter, RAGEC has determined the following: <br />Frequency/Parameter Requirements: <br />RAGEC met required NPDES sampling frequencies for each month (depending on <br />available flow), with the exception of December 2001. Available data indicated no <br />exceedances during 2001 at any of these Outfalls. Copies of the laboratory reports for <br />2001 are attached. Note: it is our understanding that the required NPDES sampling <br />frequency for total recoverable zinc (TR Zn) is monthly as opposed to bimonthly (twice a <br />month), as listed in your letter. A copy of the NPDES Permit's monitoring requirements <br />is attached. <br />With regards to the single quarterly omission for total dissolved solids (TDS) for Outfall <br />003. In November 2001, RAGEC did request the laboratory (CT&E) to analyze a 003 <br />