ENFORCE22036

• Permit No: C1981048
• IBM Index Class Name: Enforcement
• Doc Date: 9/11/1992
• Doc Name: STATUS OF NOV C-92-013 C-92-014 C-92-020 AND C-92-021 TRINIDAD BASIN MINES PN C-81-048
• From: DMG
• To: GREG LEWICKI AND ASSOCIATES
• Violation No.: CV1992021
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Depanment of Natural Resources
1317 Sherman SI.. Room 215
Denver, CO 80207
Phone: [phone]
FAx: [phone]
September 11, 1992
Mr. Greg Les+icki, P.E
Greg Lewicki And Associates
16x5 Court Place, Suite 309
Denver, Colorado 80202
Re: Status of Notices of Violation C-92-013, C-92-014, C-92-020 &
C-92-021; Trinidad Basin Mines; Permit No. C-81-048
Dear Mr. Lewicki;
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Roy Romer
Governor
Michael B. Long
Division Director
At your request, I convened an assessment conference to review NOV's C-92-013,
C-92-014, C-92-020, and C-92-021 at 9:00 am on Friday, September I1, 199Z, in
our offices. You attended the conference representing TBM, and Joe Dudash,
Dan Mathews and Dan Hernandez representing the Division, in addition to me.
As a result of my deliberations, I granted a continuance of the conference
regarding NOV's C-92-013 and C-92-014. I upheld NOV's C-92-020 and C-92-021,
but modified both recommended penalty assessments, as reflected in the
enclosed settlement agreements.
You presented a persuasive argument in TBM'S defens? in r25pon52 to NOV's
C-92-013 and C-92-014. Very briefly stated, it is your contention that the
tnstantanecus runoff resulting from the unusual precipitation event ~.vhich lead
t0 the iSSUdnCe Of both VlOldt10n5 exceeded the instantaneous runoff 'dhich
~.aould have resulted frcm the 2.9 inch, 10 year/24 hour event applicable to the
T614 mine site. Therefore, you conclude that TBM should be exempted frcm both
violations, a5 allowed by our regulations. In support of this contention, you
presented detailed precipitation records compiled by an immediate neighbor of
the mine, who happens to be an engineer. You 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 you have presented sufficient evidenc=_ to warrant a
continuance of the assessment Conference. This continuance i; intended to
allow time for you to a<.<.emble and submit appropriate tec~niral references in
support of your cent?ntion. In order for me to comoleta the necessary
considerations within the !20 day deadline for fixing the civil penalty for
these two violations, I will reconvene the conference on Friday, November 13,
1992 at 9:00 am in our cffic?s. In order to allow the Division staff,
specifically including the hydrology tas'.< force, to review your information
and provide guidance to me, I am also requiring that you submit any adaitional
information you wish considered by 5:00 pm on Monday, October 19, 1992.
STATE OF COLORADO