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<br />iii iiiiiiiiiiiiiiii <br />C crp~us <br />~ Yampa Valley <br />Cyprus Yampa Valley Coal Corporation <br />29587 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />303-879-3800 <br />August 24, 1993 <br />David Berry <br />Office of Mined Land Reclamation <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: NOV C-93-082 <br />Permit No. C-81-071 <br />Dear Mr. Berry: <br />~~CEIVCG <br />AUG 2B ]993 <br />Divi~icn 01 A•hn~~a,; . <br />.... ~; <br />The above referenced notice of violation specified an abatement <br />date of August 25, 1993 to either certify or remove the livestock <br />water tanks and complete the 2nd quarter inspections for these <br />tanks. The 2nd quarter inspection have been completed and these <br />records are on file at the CYCC office. <br />CYCC is diligently pursuing the certification of the tanks and this <br />process will be completed by September 10, 1993. The certification <br />process involves the surveying of all of the tanks, performing <br />SedCad analysis to determine spillway sizing for the 25 year event, <br />and then the review of the surveying and hydrologic data by the <br />professional engineer and his certifying the configuration and <br />capacity of the tanks. As you can see this is a lengthy process <br />and CYCC has diligently pursued the certification process. Due to <br />weather problems, i.e. thunderstorms, the surveying has been <br />delayed and put the project a little behind schedule. <br />Also, during the abatement period an assessment conference was held <br />with the Division during which it was asked to vacate the notice of <br />violation based upon a different interpretation of the impoundment <br />definition. Likewise, during the assessment conference the <br />assessment officer advised a memo would be written to Mr. Steve <br />Renner and Mr. Mike Long requesting their input into course of <br />action the Division should take on this issue, i.e. vacate the <br />notice of violation, or have the violation stand and reduce the <br />proposed civil penalty to zero. The Division is still considering <br />this request as no final notification was received by CYCC on this <br />request to vacate the above referenced NOV. Therefore, it is <br />CYCC's opinion that sufficient administrative grounds exist for the <br />