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~iiiiuiiiiiniuiii~. <br />999 <br />C crp~eus <br />~ Yampa Valley <br />Cyprus Yampa Valley Coal Corporation <br />29587 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />303-8793800 <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 />Dear Mr. Gorham; <br />RECEIVED <br />JUN 71993 <br />DiviSl0n OP Minerals & ~e0~09Y <br />Re: Penalty Assessment Information, Notice of Violation <br />$`C-93-079: 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, which was terminated May 26, 1993. Please forward a copy <br />of this letter to the Assessment Officer for use in the assessment <br />proceedings. <br />1) Ditch F-1 A small segment of this ditch had been partially <br />pushed in by personnel accessing the adjacent rail spur, and was <br />not to specification. TCC wishes to note however, that there was no <br />indication of flow from this ditch segment off-site. This ditch was <br />repaired May 21, and was observed as complete by Mr. Berry on May <br />25. <br />2) Berms at heave equipment narking lot TCC wishes to point out <br />the following: A) The berms in question were adjacent to a <br />construction area involving the burial of water treatment lines, <br />B) presence of adverse ground conditions and a wet spring <br />prohibited extensive maintenance work on these berms, and C) the <br />parking lot area is sloped in such a manner that the majority of <br />flow is routed to the culvert INDEPENDENT of whether berms are <br />present or not. The north berm (along the fence-line) controls <br />very little drainage, as the immediately adjacent area near the <br />