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;.~~ <br />iiiiiiiiitiiiiuiii <br />5731 State Highway 13 <br />Meeker, Colorado 81641 <br />(303) 824-4451 <br />Ms. Janet Binns <br />Reclamation Specialist <br />Colorado Division of Minerals and Geology <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RES NOV C-93-073 <br />Permit C-81-019 <br />Colowyo Coal Company <br />Colowyo Response to July 8, 1993 <br />Civil Penalty Assessments <br />Dear Ms. Binns: <br />August 13, 1993 <br />~=~r~~r <br />AUG 17 1993 <br />Dhnslon o; ra'~nera~~ ~ u;:o';~9Y <br />Attached for the Division's consideration is a written <br />response to the Proposed Civil Assessment for NOV C-93-073. These <br />comments also provide additional comment with respect to that <br />portion of the Division's memo of June 1, 1993 addressing NOV C-93- <br />073. <br />Comments regarding the June 1, 1993 DMG memo. <br />In general, we believe this memo contains a number of <br />factual errors and misrepresentations which ultimately adversely <br />influenced the Penalty Assessment. The following comments are <br />respectfully submitted to correct the record from Colowyo's <br />perspective and to clarify a number of important issues. <br />"Background" <br />The Division implies that the South Collection Ditch was <br />under-designed, had flat spots, and areas susceptible to breaching. <br />Further, the Division implies that Colowyo was negligent in <br />completing final design work. These assertions are entirely false <br />and are neither supported by field inspections of the ditch or the <br />historical record regarding Colowyo's efforts to complete the ditch <br />designs. Please refer to the attached August 12, 1993 Colowyo <br />memorandum from Juan Garcia detailing the chronology of events <br />pertaining to the South Collection Ditch. <br />