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'. <br />,.- ,-- <br />JAN 24 199 <br />plvlsion of nunerale 8 %r:oioq~' <br />Ms. Erica Crosby <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />~~I ~I~~I~i~~ll~~~l~ <br />5731 Slats Highway 13 <br />Meeker. Colorado 81641 <br />(303) 824-4451 <br />(303} 824-4459 FAX <br />January 22, 1996 <br />RE: Permit C-81-019, Colowyo Coal Co. L,P. <br />NOV C-95-026, Request for Conference <br />Dear Ms. Crosby: <br />Attached, please find an executed "Request for Conference" form for the referenced <br />NOV C-95-026. For the Division's information, the Notice of Proposed Civil PenaltylRequest <br />for Conference was received by Colowyo on January 16, 1996. <br />As the Division is aware, Colowyo believes the issuance of the NOV was not <br />warranted. On December 12, 1995 Colowyo submitted to the Division Director additional <br />information which we believe sheds considerable light on the issue and provides substantial <br />support far our request that the NOV be vacated. Director Long indicated that, based on <br />the information from Colowyo and the Division, it was not readily apparent that the NOV <br />should be vacated, As such we were encouraged to pursue the case for vacation of the <br />NOV through the assessment conference process. <br />Because it is our primary intent to continue with the pursuit of the vacation of the <br />NOV at the conference, we believe that it would be inappropriate at this time to comment <br />on the specifics of the "Proposed Civil Penalty"- <br />Please contact me if you have any questions concerning this matter. <br />Sincerely, <br />Cl,v.~~a ~ . ~' y,^ <br />James A. Kiger (~` <br />Sr. Environmental Engineer <br />xc: R.G. Atkinson <br />Files <br />An afl~liate of Kennecott Energy <br />and Coal Company <br />