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1 <br />-~~ • • ~~oF..tt,:~ oR • III IIIIIIIIIIIIIIII <br />i i~ ~ ~ ~. O <br />• ' ~ '` rt <br />J.D. MacFarlane * ~'` `~~ <br />Jg Tb <br />Attorney General G~+ <br />Charles B. Howe 11120 :JfFltl~ of (4111nradD STATE SERVIC ES BUILDING <br />Deputy Attorney General <br />1525 Sherman Street. 3rd. FI. <br />Joel w. Centrlek DEPARTMENT OF LAW Denver, Colorado 80203 <br />Solicitor General OFFICE OF THE ATTORNEY GENERAL Phone 866-3611 & 8663621 <br />December 9, 1982 <br />Sandy Emrich <br />Mined Land Reclamation Division <br />1313 Sherman Street, Room 423 <br />Denver, Colorado 80203 <br />Re: Colorado Yampa Coal Company <br />Dear Ms. Emrich: <br />r a try ,n: <br />~. 1` <br />~; 10 1982 <br />P,11f•I[".l.' l,'~i~i~f f~ECLA!U7';TIU,V <br />Cr.~u. Dep±. o. P!~tmal Fi2scurce~ <br />This letter is to confirm our telephone conversation of last <br />week regarding the Colorado Yampa Coal Company ("CYCC"). As <br />I told you, the Water Quality Control Division of the Colorado <br />Department of Health has issued a notice of violation to CYCC <br />for various violations of NPDES permit No. CO-0027154, which <br />authorizes CYCC to discharge wastewater from its coal mining <br />operation near Steamboat Springs. Copies of the permit and notice <br />of violation are enclosed with this letter. <br />CYCC has maintained that certain of its violations were attribut- <br />able to its inability to construct sedimentation ponds until it <br />had received approval to do so from the Mined Land Reclamation <br />Division. CYCC's position is set forth on pages 3 and 4 of the <br />letter of October 22, 1982 from J. David Arkell to Fred Matter, <br />a copy of which is enclosed. You may also find it helpful to <br />review paragraphs VII(B) and X(A) of the draft stipulation between <br />CYCC and the Water Quality Control Division, a copy of which is <br />enclosed. <br />I have asked you to discuss this matter with me because the Water <br />Quality Control Division is attempting to ascertain the extent to <br />which any delays in construction here were caused by factors beyond <br />CYCC's control, such as time required for your agency to review <br />CYCC's application materials. I am particularly interested in <br />finding out whether any delays were simply the result of CYCC's <br /> <br />