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999 <br /> Q ° 5731 State Highway 13 <br /> COAL Meeker, Colorado 81641 <br /> COMPANY (303) 824-4451 <br /> f0j(f.��OD�CHCR4 <br /> September 15, 1993 <br /> Ms. Sandra L. Brown <br /> Conference Officer <br /> Colorado Division of Minerals and Geology Sep <br /> 215 Centennial Building Q 79 <br /> 1313 Sherman Street 9� <br /> Denver, Colorado 80203 <br /> RE: Permit C-81-019 <br /> Colowyo Coal Company <br /> NOV's C-93-072, C-93-073, C-93-077 <br /> Settlement Agreements <br /> Dear Ms. Brown: <br /> Attached, please find a check in the amount of $1, 150. 00 <br /> as payment of the Civil Penalties assessed for the cited NOV's. <br /> Please note that the check includes an additional $50. 00 per NOV to <br /> correct a minor mathematical error contained in each assessment. <br /> Colowyo would also like to take this opportunity to <br /> provide further comment with respect to the Division's discussion <br /> pertaining to NOV C-93-077 . <br /> The Division states under "Seriousness" that "I believe <br /> the ditch, and the way it was designed, (specifically the length of <br /> the ditch, steep segments in natural drainages and sharp turns) <br /> concentrated the flow and compounded the erosional problems beyond <br /> what occurred in a natural drainage. " <br /> Colowyo respectfully disagrees with this statement and <br /> believes it is misleading. The breaches in the ditch had nothing <br /> to do with the ditch length, steep segments and sharp turns and <br /> everything to do with the severe magnitude of the May 16, 1993 <br /> cloudburst. <br /> Had any of these particular ditch features failed during <br /> a theoretical 10 yr. /24 hr. storm event for which the ditch was <br /> designed, then the Division would have a valid point. <br /> We have shown that the ditch was constructed to provide, <br /> at a minimum, a 300% margin of safety to carry the design storm <br /> event. offsite damage was in no way a reflection on the ditch <br /> design or construction. <br /> s4. <br />