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III IIIIIIIIIIIII III <br />999 <br />crp~us <br />Yampa vau®y <br />Cyprus Yampa Valley Coal Corporation <br />29587 Routt County Road #27 <br />Oak Creek, Colorado 80467 <br />303-879-3800 <br />April 23, 1993 CERTIFIED MAIL <br />P 395 681 393 <br />Larry Routten <br />Assessment Officer <br />bivision of Minerals and Geology <br />1313 Sherman Street, Room 215 RECEIVED <br />Denver, Colorado 80203 <br />RE: Proposed civil Penalty APR 2 8 1993 <br />Violation No. C-93-020 <br />bear Mr. RoutY.en: __ _ _ Division ofimmeiau~,ueolugy <br />Twentymile Mile Company is in receipt of the Division's proposed <br />$500 civil penalty for the above violation, Twentymile will not <br />request an assessment conference to present the facts concerning <br />the violation. I believe this to be the most expedient manner in <br />which to address this violation as it will save both the Division <br />and Twentymile from expending additional time in resolving the <br />violation and proposed civil penalty. However, Twentymile does <br />want to present information that it believes should be incorporated <br />into the review for fixing the civil penalty. <br />The civil penalty worksheet did not address the good faith effort <br />that was demonstrated by the company in providing the signage for <br />the topsoil stockpiles. The appropriate signage was placed <br />immediately and evidenced by the Division's inspector. It should <br />be noted that area in which this occurred experiences very low <br />volumes of traffic, and no large equipment operates in the area. <br />The contractor constructing the ponds is knowledgeable of the <br />topsoil salvage requirements and has done an excellent job in <br />salvaging the available topsoil resource. As noted in the <br />worksheet, "There is no evidence that topsoil was lost of damaged". <br />The potential for loss or damage of the topsoil was immediately <br />negated by the placement of-the signs. Given the rapid response of <br />the company's contractor to the matter it is recommended that a <br />good faith credit be incorporated into the calculation of the civil <br />penalty. It is suggested that this amount be $250. <br />If there are questions on the above, please contact me at your <br />convenience. <br />Sincerely, ' <br />~.~~ /~~~ <br />Richard Mills <br />Supervisor, Environmental Affairs <br />