ENFORCE29558

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 9/2/1994
• Doc Name: C-81-019 COLOWYO COAL CO LP NOV C-94-015
• From: COLOWYO COAL CO LP
• To: DMG
• Violation No.: CV1994015
• Media Type: D
• Archive: No

iii iiiiiiiiniii iii
c.~COAL~tiI
5731 State Highway 13
Meeker, Colorado 87 641
13031824451
August 31, 1994
Ms. Janet Binns
Environmental Protection Specialist
Colorado Division of Minerals and Geology
215 Centennial Building
1313 Sherman Street
Denver, Colorado 80203

SEP 02 199
RE: C-81-019, Colowyo Coal Company L. P.. .
N.O.V. C-94-015 r..,r.clci8i>1~:;1o^Y
Dear Ms. Binns:
Due to scheduling conflicts, Colowyo is unable to schedule an
assessment conference for N.O.V. C-94-015 until September 20, 1994.
Recognizing that this date exceeds the provisions of Rule 5.04.3
(3)(c) requiring that the assessment conference be held within 30
days from our request for conference, Colowyo is hereby requesting
that this requirement be waived.
Colowyo has also received the August 23, 1994 correspondence
from the Division Director declining Colowyo's request to vacate
the N.O.V. Mr. Long has encouraged Colowyo to pursue our case for
vacation of the N.O.V. during the informal assessment conference.
It is therefore, Colowyo's intent to pursue the vacation of
the N.O.V. at the assessment conference. We continue to maintain
that at the time of the Division's July 14, 1994 inspection no
violation of the rules and regulations or permit conditions existed
in the West Pit. As such, we believe the proposed penalty outlined
in the Division's August 3, 1994 'Notice of Proposed Amount of
Civil Penalty" will be found unnecessary. For this reason we offer
no comments regarding the proposed penalty at this time.
Please contact me if you have any questions concerning this
matter.
Sincerely,
(,~,yr-Ua ~. ~ ~I
Ja es A. Kiger"
. Environmental
btb
xc: R. G. Atkinson
Central Files
o..r i'
Specialist