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EYMM[I <br />State.co.us Eecutive Branch Mail - Re: TR69 and CV2013 -009 <br />Date: Thu, Feb 13, 2014 at 4:05 PM <br />Subject: Re: TR69 and CV2013 -009 <br />To: Ron Thompson <ronthompson @newel kcoal. corn > <br />Cc: "gsmith @ newelkcoal.com" < gsmith @newelkcoa1.com >, Louis Head <Ihead newelkcoa1.com> <br />wanted to correct my own error - the comment period for a TR is 10 days (not 30 days) after the publication <br />date. <br />Sorry for any confusion. <br />LPL <br />On Tue, Feb 11, 2014 at 12:43 PM, Simmons - DNR, Leigh <leigh.sirnmons@state.co.us> wrote: <br />Ron, <br />was out of the office yesterday, so Sandy did the completeness review of your revision concerning the re- <br />design of the RDA diversion ditch. <br />Her letter has been mailed to you, but I wanted to email you a copy so that you would have more time to <br />formulate your response. <br />The technical revision, TR69, is a part of the abatement of CV2013 -009. The deadline for the abatement of that <br />violation, February 23, 2014, has already been extended to 90 days from the issue date. <br />There is clearly no chance that a TR can be approved by that deadline (the 30 day public comment period <br />alone precludes the possibility), however rule 5.03.2(2)(c) addresses this situation: <br />(c) An extended abatement date pursuant to this section shall not be granted when the failure to abate <br />within 90 days has been caused by a lack of diligence or intentional delay by the permittee or person <br />who is issued a notice of violation pursuant to (a) above in completing the remedial action required. <br />Circumstances which may qualify a surface coal mining operation for an abatement period of more than <br />90 days are: <br />(i) Where the permittee of an ongoing permitted operation has timely applied for and diligently <br />pursued a permit renewal or other necessary approval of designs or plans but such permit or <br />approval has not been or will not be issued within 90 days after a valid permit expires or is <br />required for reasons not within the control of the permittee; <br />In order to terminate this violation without running into Failure to Abate /Cessation Order problems I suggest the <br />following approach: <br />1. Make TR69 complete as soon as possible <br />2. When it is complete, and BEFORE February 23, 2014, request an extension to the abatement deadline <br />(60 days ?) <br />3. 1 will need to take the request to the Division Director for approval <br />https: / /mai l.g oog le.com/mai I /u /0 / ?ui =2 &i Ire29129fcb5 &\iev�-- pt &search =i nbox&th= 14528a7b145cf673 &si ml= 14528a7b145cf673 3/4 <br />