ENFORCE21670

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 9/11/1992
• Doc Name: MEMO STATUS OF ASSESSMENT CONFERENCES FOR NOV C-92-013 & C-92-014
• From: DMG
• To: DAN MATHEWS & JOE DUDASH
• Violation No.: CV1992013
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
I31 J Sherman Sr, Room 215
Denver, CO 80203
Phone: [phone]
FA%:13031 83 2-81 06
DATE: September 11, 1992
T0: Dan Mathews & Joe Dudash _
~` _ -
FROM: Jim Pendleton, Conference Officer ~~;- -
RE: Status of Assessment Conferences for_NOV's C-92-013 & C-92-014
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Rav Romer
Governor
Michael B. Long
Divison Dneaor
I convened the assessment conference requested by Trinidad Basin Mining (TBM)
to review NOV's C-9Z-013, C-92-014, C-92-020, and C-92-021 at 9:00 am on
Friday, September 11, 1992, in our offices. Mr. Greg Lewicki, P.E., attended
the conference representing TBM, in addition to the two of you, Dan Hernandez
and me.
Mr. Lewicki presented a persuasive argument in TBM's defense in response to
NOV's C-92-013 and C-92-014. Very briefly stated, Mr. Lewicki contends that
the instantaneous runoff resulting from the unusual precipitation event which
lead to the issuance of both violations exceeded the instantaneous runoff
which would have resulted from the 2.9 inch, 10 year/24 hour event applicable
to the TBM mine site. Therefore, Mr. Lewicki concludes that TBM should 6e
exempted from both violations, as allowed by our regulations. In support of
his contention, Greg presented detailed precipitation records compiled by an
immediate neighbor of the mine, who happens to be an engineer-. He also
referenced telephone conversations with Prof. Barfield of Oklahoma State,
reputed to be a recognized expert in hydrographic analysis and modeling.
It is my opinion that Mr. Lewicki has presented sufficient evidence to warrant
a continuance of the assessment conference. This continuance is intended to
allow Mr. Lewicki time to assemble and submit appropriate technical references
in support of his contention. In order for me to complete the necessary
considerations within the 120 day deadline for fixing the civil penalty for
these two violations, I will reconvene the conference on Fridav, November 13,
1992 at 9:00 am in our offices. In order to allow the Division staff,
Specifically including the hydrology task force, to review the information and
provide guidance to me, I am also requiring that Mr. Le~.vicki submit any
additional information by 5:00 pm on Monday, October 19, 1992.
cc: Steve Renner
David Berry
Mike Long
Doc No: 9241E
Cathy Begej (HTF)
JP/jp