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.- <br /> <br /> <br />CONOVE R, MCCLEARN, HEPPENSTeLL S: KEARNS <br />FRCD ERIC K. CONOVER Q PROFESSIONAL CORPORATION <br />NUGN J. NCLLCAAN ATTORNEYS AND COUNSELLORS AT LAW <br />[DwARD N. N[PP EN STALL 700 DENVER CLUB BUILDING <br />JOHN T. RCARN9 61B SEVENTEENTH STREET <br />N.wNITARER wAG NER,JR. DENY ER, COLORADO 80202 <br />RU39 W. BOND <br />JANE9 DAVID ARRELL <br />NIC NA CL 9. NCCARTNY <br />NIC NAEL J. COOIt October 22 <br />1982 <br />NUBERT A. FARBC9. JR. , <br />ANDREW B.SNAFFER <br />JOHN B. NACLAY <br />111 IIIIIl1111111111 <br />AREA CODE 303 <br />392-8 X30 <br />Mr. Fred Matter, P.E. HAND DELIVERED <br />Chief, Monitoring 6 Enforcement Section <br />Water 4uality Control Division <br />Colorado Department of Health <br />4210 East 11th Avenue <br />Denver, Colorado 80220 <br />Re: Colorado Yampa Coal Company, Routt County, <br />NPDES Permit No. CO-0027154 <br />Dear Mr. Matter: <br />The Department of Health issued a Notice of Violation and <br />Cease and Desist Order (the "NOV") to Colorado Yampa Coal Company <br />("CYCC") on October 6, 1982. The NOV was served on CYCC Octo- <br />ber 8, 1982, and the attachments to the NOV were served on CYCC <br />October 12, 1982. Also on October 12, 1982, you and Pat Nelson <br />were good enough to meet with several representatives of CYCC, <br />including representatives of management and counsel. At that <br />meeting, we hand-delivered to you a written response to paragraph <br />4, page 9 of the NOV. We also discussed with you in general the <br />reasons for the issuance of the NOV, and commented in some detail <br />on the particular types of violations alleged in the NOV. <br />The purpose of this letter is to further elaborate CYCC's <br />responses to the NOV, to propose a schedule for CYCC to comply <br />with certain requirements of the above NPDES Permit (the "Per- <br />mit") and the NOV, and to indicate CYCC's willingness to cooper- <br />ate in resolving this matter. <br />Preliminarily, CYCC requests a hearing, under Section <br />25-8-603, C.R.S. 1973, as amended, and applicable regulations, <br />regarding all issues arising from the NOV. This request is being <br />made only to preserve a right to a hearing if CYCC and the Water <br />Quality Control Division (the "Division") are unable to reach an <br />agreement which resolves the issues set forth in the NOV and this <br />letter. The request for hearing will of course be withdrawn if <br />we can reach such an agreement. Please be assured that CYCC will <br />make every effort to reach an acceptable agreement with the Div- <br />ision, notwithstanding CYCC's request for a hearing. <br />