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i 1 <br />i .. <br />• ~ III III III III IIII III <br />999 <br />I~~~ 5731 State Highway 13 <br />r O A <br />~ ~ Meeker, Colorado 81641 <br />L <br />COMPANY ~ (303) 824-4451 <br />September 15, 1993 <br />Ms. Sandra L. Brown ~~= . <br />Conference Officer ~ ~ "'. <br />Colorado Division of Minerals and Geology ,5F'p <br />215 Centennial Building ;, 1p 79 <br />1313 Sherman Street 9~ <br />Denver, Colorado 80203 <br />RE: Permit C-81-019 ~-` <br />Colowyo Coal Company <br />NOV'8 C-93-072, C-93-073, C-93-077 <br />Settlement Agreements <br />Dear Ms. Brown: <br />Attached, please find a check in the amount of $1,150.00 <br />as payment of the Civil Penalties assessed for the cited NOV's. <br />Please note that the check includes an additional $50.00 per NOV to <br />correct a minor mathematical error contained in each assessment. <br />Colowyo would also like to take this opportunity to <br />provide further comment with respect to the Division's discussion <br />pertaining to NOV C-93-077. <br />The Division states under "Seriousness" that "I believe <br />the ditch, and the way it was designed, (specifically the length of <br />the ditch, steep segments in natural drainages and sharp turns) <br />concentrated the flow and compounded the erosional problems beyond <br />what occurred in a natural drainage." <br />Colowyo respectfully disagrees with this statement and <br />believes it is misleading. The breaches in the ditch had nothing <br />to do with the ditch length, steep segments and sharp turns and <br />everything to do with the severe magnitude of the May 16, 1993 <br />cloudburst. <br />Had any of these particular ditch features failed during <br />a theoretical l0 yr./24 hr. storm event for which the ditch was <br />designed, then the Division would have a valid point. <br />We have shown that the ditch was constructed to provide, <br />at a minimum, a 300 margin of safety to carry the design storm <br />event. Offsite damage was in no way a reflection on the ditch <br />design or construction. <br />