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T <br />• III IIIIIIIIIIIIIIII • <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1 J I J Sherman SL, Room 215 <br />Denver, CO 80_'03 <br />Phone: 130 31 860-7 567 <br />FAr: (3031 832-BIUO <br />May 19, 1993 <br />Mr. Richard Mills <br />Environmental Affairs Supervisor <br />Cyprus Yampa Valley Coal Corporation <br />29587 Routt County Road X27 <br />Oak Creek, CO 80467 <br />Dear Mr. Mills: <br />pF. ~~(O <br />~ b <br />.`~a~° <br />.~~~ <br />~ 9l6 <br />Rov Romer <br />Governor <br />N is hael8 Long <br />Division Director <br />This letter is in response to your correspondence of April 23, 1993 <br />in regard to the proposed civil penalty for NOV C-93-020. I <br />apologize for the delayed response but, I have been out of the <br />office most of the past few weeks. In your letter, you requested <br />that the proposed civil penalty for the NOV be reduced by $250 for <br />good faith, in light of a rapid response by the operator. <br />When assessing proposed penalties, I have to rely on the <br />information in the file at the time of the assessment. <br />Information in the file at the time the penalty was assessed (April <br />16) did not indicate the violation had yet been abated. Credit for <br />good faith is only awarded during penalty assessments when a <br />violation has been completely abated. Therefore, no credit for <br />good faith was considered at that time. <br />You should have been made aware that your company had fifteen days <br />after issuance of the NOV to submit comments regarding the <br />violation to be considered in the penalty assessment, as per Rule <br />5.04.3(1). Since no information was submitted prior to the penalty <br />assessment, your next opportunity to have the information in your <br />April 23 letter considered would be at an informal assessment <br />conference, should one be requested. <br />