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r' <br />Mr. Daniel Hernandez <br />September 29, 1999 <br />Page 2 <br />It is also important to note that Powderhorn Coal has had no violations in this <br />area for the past 12 months. Powderhorn Coal believes that the storm on <br />August 11, 1999 was the major contributor to Pond 12 being in violation. We <br />would also like to point out that in the report submitted by the inspector several <br />references were made relating to the severity of this storm including very intense <br />rain in 20 minutes which caused Flooding and the closing of I-70 near the mine. <br />We believe the severe storm damage was the cause of Pond 12 being out of <br />compliance. Upon learning of the situation with Pond 12, we took immediate <br />action to correct the discharge into Coal Creek. We therefore request that the <br />penalty not be assessed. <br />Your help in this matter would be greatly appreciated. <br />Sincerely, <br />~~- ~o~ <br />Jay Mayberry <br />Surface Manager <br />JM:bt <br />msw/bev/he rnand ez092999 <br />