Laserfiche WebLink
Annette Quill <br />Dave ,'1kcr; <br />Iunc 12, 2000 <br />Page 10 <br />(a) Fault <br />RM's penalty was assessed undo fault component 1 because: "~Vith the extensive plans <br />and rcvic•.+s by Uoth 13~fR1 and DM(i, ncilltcr entity suspcre i that there was ary <br />potential fer seepage to occur from the backfilled t,Vest Pit in the nature and direction <br />which occurred and resu(leti in the violations." This is not axrcct. The n~lure r.nd <br />direction of oruundwatcr movement through the West Pit area to the Rito Scco land <br />tributary lti:o Scco alluvial u)uifcr) was rccoenizcd in BM's ' 98S § 1 12 pcnnit applica- <br />tion and predicted in 'fK-1 S. Conccnt over the communication of watt:r behveea the <br />WCSI Yit and the Rico Scco were so significant that B~1's § I l? Permit included a <br />provision to create u slurry wall at the intcrfae_ of these formations to prevent such a <br />communication. H\4 and DYfG were aware of [his possibility. As set forth in greater <br />detail below, both BM and DMG created or approved docur^~nls which dcnton:;tratc a <br />specific knowlcdgc of tltc nature and dir•cction of the seep:r~~ which restrltcd in thtsc <br />violations. BM had knowlcdgc, through its lecltnical reports, Technical Revisions, and <br />§ 1 12 Permit application that "the violation was imminent" aad "did nut take stc•~s to <br />prevent it." Fur these reasons, BM's violations should fall into [he Category 3 fault <br />(requiring a penalty fault component between 52000-3000lviolation). The agreement as <br />proposed violates the Civil Pcnalty Assessment Policy forth: Slate of Colorado. <br />Specific doctrrttctttation supporting dte point made above ittcludcs, but is trot limited to, <br />the following, all of which is incorporated herein by reference: <br />f?'M's & 1 12 Ycrmit Application. Novemher 1988: "Hued on the data currently <br />available...wtrter in the Wast ore zorrc flows to tltc so:tdt and to tha west, with <br />some discharge, via springs itt tributaries of Rito 5eco north and west of the Wcst <br />Pit arcs. T'Ite majority of Ilow in the confuted ore zorrc aquifer is expected to <br />discharge into the alluvial plain west of the mine site, north of the town of San <br />Luis." (page G-27) Based upon BM's original application with DMG, both BM <br />and DMG were aware oti the nature and direction of groundwater floty which <br />resuhed in the discharge, as well ~~ rhosc vcrv_ seeps which have res~•"-' `~ the <br />present discharges from the West l'it area. <br />Prior to the beginning of mining operations, Bh1 and DMG's knowlcdgc of <br />groundwater flow dircctiott and nature was substantial enough that BM •.vas <br />required to develop a dcwatcring plan to address accutnulalirtg walzr in :he Wcst <br />Pit. BM's initial plan included installation of 2 dewatcring wells for the Nest Pit <br />1'V~11001'o~rdlun~is a6Niu~ qd <br />