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~,_ <br />• • III IIIIIIIIIIIIIIII <br />_ 999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Si., Room 215 <br />Denver, CO 80203 <br />Phone: (303) 866-3567 <br />FA%: (303) 832-8106 <br />pF' COQ <br />Ne <br />~~/ <br />'.G..~g: <br />Roy Roma <br />Governor <br />Michael B Lnn~; <br />Division Direc br <br />June 11, 1993 <br />Mr. Rich Atkinson <br />Colowyo Coal Company <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />RE: Request for Vacation of NOV C-93-077 <br />Dear Mr. Atkinson: <br />(C-81-019) <br />This letter is in response to Juan Garcia's letter dated June 2, <br />1993 requesting that NOV C-93-077 be vacated. In his letter, Mr. <br />Garcia presents several facts about the storm which caused problems <br />with the mine's south collection ditch and the sizing of the ditch. <br />After reviewing the facts in Mr. Garcia's letter and reviewing the <br />circumstances of the NOV with Division staff, it is apparent that <br />a number of complicated factors are involved with this alleged <br />violation. It appears that these factors need to be addressed at <br />greater length prior to a decision about the existence of a <br />violation. I do not believe there is sufficient reason to vacate <br />the NOV at this time. <br />I encourage you to arrange for an assessment conference with the <br />Division so the facts of the violation can be considered in greater <br />detail. Please contact Janet Binns or Larry Routten following <br />receipt of the proposed civil penalty for the violation, if you <br />wish to schedule an assessment conference. <br />