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TWENTYM166 ~ COAI. COMPANY A Cyprus Amas Company iiiiiiiiiiiiiiuiii 999 Twentymile Coal Company 29515 Routt County Road N27 Oak Creek, Colorado 80467 970-879-3800 August 28, 1997 RECEIVED Larry Routten SEP 0 2 1997 Assessment Officer Division of Minerals and Geology 1313 Sherntan Street, Room 215 uiviSiOn Of Minerals i£ Ge010gy Denver. Colorado 80203 RE: Request for Assessment Conference NOV-No. CV-97-011 Dear Mr. Routten: Attached, is Tvventymile's request for scheduling an assessment conferena: for the above referenced proposed notice of violation. I would appreciate it if you would wntact me at your earliest convenience to schedule said conference. Per the Notice of Proposed Amount of Civil Penalty, the Division did not award any good faith effort on the work TCC completed to respond to the proposed Notice of Violation. 'flte proposed NOV was officially served to TCC on August 12, and the revision required by the proposed NOV was submitted and deemed complete on August 11, 1997. Also, the proposed NOV vvas terminated on August 11, 1997. Per the Division's rules, rule 5.03.4, a Notice of Violation has to be hand delivered or sent by certified mail to the operator. The rule does not state that a NOV can be served via electratic equipment. Therefore, it appears the trigger date for assessing [he proposed civil penalty should hate started on August l2, 1997, the date TCC received the proposed notice. TCC worked over the weekend of August 9`" to complete the revision so that it could be hand delivered to the Division on August I I`s . I personally completed the work and delivered the technical revision to the Division by 2 p.m. on the 11's. I believe this effort should be recognized a:> "good fault" on the part of the operator. if there are questions, please contact me at your convenience. Sincerely, ~~ Richard Mills Environmental Manager attachment f i I e: 1:\documen t\tcc\nov97011 Certified No.: P-345-324-630