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of February 4 and 5, 1989. It was the heaviest one -day, 24 -hour snowfall he had seen
<br />in Coal Basin (12 inches on February 4, and 36 inches on February 5, 1989, MCR
<br />Exhibit No. 2 -D, Record 00227; 3 Tr. Jones, 36 -37). The witness' recollection is
<br />indelibly substantiated by the fact that he spent the entire weekend shooting
<br />avalanches (3 Tr. Jones, 36 -37).
<br />FREEZING TEMPERATURES
<br />Mid - Continent introduced evidence that the pond system at Outfall No. 016
<br />was exposed to temperatures well below the typical average in the months of
<br />December, 1988, and January and February, 1989. This data was analyzed by MCR
<br />witness Edward Rovey, a consultant, with a Bachelor of Science degree in hydrology
<br />and a Master of Science degree in civil engineering." Rovey testified that, an exposure
<br />to such temperatures over this period of time would cause the Outfall No. 016 ponds
<br />9 The WQCD civil penalty proceeding transcript volumes are not paginated
<br />consecutively. Each day's transcript begins its pagination at page one. Accordingly, references
<br />to a transcript will be by its volume (Volume 1 for January 9, 1990, Volume 2 for January 10,
<br />1990, and Volume 3 for January 11, 1990). Where appropriate the reference will include the
<br />witness' name followed by the pertinent page or pages in the following reference style, i.e., "3
<br />Tr. Jones, 24."
<br />10 During December, 1988, the daily readings for maximum ( "MAX ") temperatures
<br />were below freezing 12 days in a row, December 19 -30, 1988 (MCR Exhibit 1 -B, p. 14, Record
<br />00164 - 00183). During this period low ( "MIN") temperatures were below 0° Fahrenheit on
<br />three consecutive days, December 27, 28 and 29, 1988 (id.). From January 6 -9 and 11 -17,
<br />1989, temperature maximums were below freezing, and during these periods the only
<br />maximum temperature above freezing was 35° Fahrenheit on January 10, 1989 (MCR Exhibit
<br />No. 1 -C, p. 14, Record 00184 - 00203). For nine of the 14 days from January 6 -19, 1989,
<br />minimum temperatures were below 0° Fahrenheit (id.), and by calculation the minimum
<br />average temperature was -1° Fahrenheit. These severe temperatures were referred to in the
<br />CSU, Colorado Climate Center, Department of Atmospheric Science's publication COLORADO
<br />CLIMATE for February, 1989 as the "Alaska Blaster," MCR Ex. No. 3 -D, Record 00246 - 00251.
<br />00838.
<br />11 Rovey's professional resume was introduced as MCR Exhibit No. 29, Record 00835-
<br />Mid - Continent Answer Brief
<br />7 Appeal No. 93 CA 297
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