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a <br />C c~~us <br />~ Yampa Valley <br />III IIIIIIIIIIIIIIII <br />999 <br />Kent Gorham <br />Reclamation Specialist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />June 3, 1993 <br />Cyprus Yampa Valley Coal Corporation <br />29587 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />303-879-3800 <br />RECEIVED <br />JUN q 1993 <br />Division o! Admerd:5 G GeU~,iyS' <br />Dear Mr. Gorham; <br />Re: Penalty Assessment Information. Notice of Violation <br />C-93-078: Permit C-82-056, Foidel Creek Mine <br />TCC is submitting the following information for inclusion in the <br />penalty assessment proceedings for the above-referenced notice of <br />violation. We request that a copy of this information be forwarded <br />to the Assessment Officer for use in the assessment proceedings. <br />11 Pond B - The Pond B area disturbance was associated with culvert <br />removal and flume repair activities. Material which was excavated <br />from the top and sides of the culvert and from alongside the flume <br />was placed on the pad area by the contractor. When the removal <br />activities were completed, the contractor proceeded to backdrag and <br />spread the excess material on the vegetated pad area. Given the <br />minimal amount of material (less than 5 cubic yards) which was <br />spread over the pad, and the fact that the underlying materials <br />were not significantly damaged, TCC feels that the minimum penalty <br />should be assessed in this matter. As observed by Mr. Berry of the <br />Division during the week of May 24, Pond B was hand-raked to remove <br />the materials spread during the culvert removal activities, and the <br />underlying root-mass and plant materials are still present to allow <br />for revegetation. <br />