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.p <br /> <br /> <br />your right to such a Hearing and the proposed civil penalty may be assessed against you without <br />further proceedings. You have the right to be represented by an attorney, or to represent yourself <br />at any stage of these proceedings. <br />Whether or not you request a hearing, we invite you to confer informally with EPA <br />concerning the alleged violations and the amount of the proposed penalty. You may represent <br />yourself or be represented by an attorney at any conference, whether in person or by telephone. <br />EPA encourages all parties against whom it files a Complaint proposing assessment of a penalty <br />to pursue the possibility of settlement as a result of an informal conference. If such a mutually <br />satisfactory settlement can be reached, it will be formalized by a consent agreement signed by you <br />and by supervisors in the technical and legal enforcement programs in my oBce. The issuance of <br />such a Consent Agreement will include a waiver by you of your right to a hearing on, and to a <br />judicial appeal of, the agreed upon civil penalty. <br />A request for an informal conference does not extend the thirty days by which you must <br />request or waive a hearing on the proposed penalty assessment, and the two procedures can be <br />pursued simultaneously, )f you wish to discuss settlement or technical questions, the most <br />knowledgeable person on my staff for technical issues is, Barbara Conklin, who can be reached at <br />(303) 312-6407; and for legal issues, Mazc Weiner, can be reached at (303) 312-6913. <br />We urge your prompt attention to this matter. <br />Si~ncerelyo, ~Q' ~~J _, <br />Carol Rushin <br />Assistant Regional Administrator <br />Office of Enforcement, Compliance <br />and Environmental Justice <br />Enclosure <br />ce: Kathryn Schenk N.S. Army Corps of Engineers -Omaha) <br />Lee Carlson (LT.S. Fish and Wildlife -Golden) <br />David Holm (Colorado Department of Public Health and Environment) <br />Tim Carey (U.S. Army Corps of Engineers -Littleton) <br />Shari L. Eastin (Weld County Planning Department) ~/ <br />Carl B. Mount (State of Colorado, Division of Minerals and Geology) <br />Tina Artemis (Regional Hearing Clerk) <br />2 <br />