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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 COLORADO <br />Phone: (303) 866-3567 n t v t s[ o N o f <br /> <br />FAX: (303) 832-8106 RECLAMATION <br /> MIN I N G <br /> <br /> SAFETY <br />17 September 2010 Bill Ritter, Jr <br />Governor <br />Mike King <br />Mr. Kurtis Blunt Executive Director <br />Colowyo Coal Company, LP Loretta E. Pineda <br />5731 State Highway 13 Director <br />Meeker, CO 81641 <br />Re: Request to Vacate Notice of Violation CV-2010-004 <br />Colowyo Mine, Permit No. C-1981-019 <br />Dear Mr. Blunt: <br />In your submittal dated 3 September 2010 (received 7 September 2010) the Colowyo <br />Coal Company, LP requested the vacation of Notice of Violation (NOV) CV-2010-004 <br />for the Colowyo Mine. After reviewing Colowyo's request for vacation, the Division <br />hydrologists' observations and the permitting information, it appears that NOV CV-2010- <br />004 was properly issued. Therefore, I am denying Colowyo's request to vacate the NOV <br />at this time. <br />The information you provided is helpful and will be used when the civil penalty is <br />proposed. Upon receipt of the proposed civil penalty, Colowyo will have the opportunity <br />to request an assessment conference. The request for conference must be returned to the <br />Division within ten days after receipt of the proposed penalty by Colowyo. At an <br />assessment conference, the facts of the violation and the proposed penalty will be <br />considered. <br />If you have any questions, please feel free to contact Sandy Brown, or Jim Stark. <br />Sincerely, <br />Loretta E Pineda <br />Division Director <br /> <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines