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��ENTOFTy United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />' Reclamation and Enforcement <br />Western Region Office y <br />9` <br />NITH 3.18 1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />�{EC;F <br />February 26, 2016 <br />MAR Ln16 <br />iUon, <br />Mike Boulay pivision <br />Director, Coal Regulatory Program <br />Min►og & -ty <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Ten -Day Notices and Citizen's Complaint Related to Peabody Energy's and Subsidiaries' <br />Mining Operations in Colorado <br />Dear Mr. Boulay: <br />The Office of Surface Mining Reclamation and Enforcement (OSMRE) has received your letter, <br />dated February 19, 2016, requesting that OSMRE grant the Colorado Division of Reclamation <br />Mining and Safety (DRMS) a time extension until March 30, 2016 to respond to the Ten -Day <br />Notices (TDN's) issued to your office dated February 16, 2016 regarding Peabody Energy's and <br />Subsidiaries (collectively Peabody) Mining Operations in Colorado. <br />Pursuant to OSMRE's directive INE -35, OSMRE must accept interim responses as good cause <br />under 30 CFR 842.11(b)(1)(ii)(B)(4)(ii) when the Regulatory Authority (RA) requests a <br />reasonable and specified extension of time to decide whether a violation of the approved <br />regulatory program exists and provides an adequate justification for the extension, including the <br />status of the RA's investigation to date and the steps to be taken to determine whether the <br />violation exists. The RA's justification must not be arbitrary, capricious, or an abuse of <br />discretion. <br />After carefully reviewing your letter, OSMRE is granting your office a time extension until <br />March 30, 2016, to respond to the TDN's regarding Peabody's mining operations in Colorado. <br />Please respond as directed in 30 CFR 842.11, by March 30, 2016, by taking appropriate action to <br />cause the possible violations to be corrected, or to show good cause for such failure. Appropriate <br />action and good cause are defined 30 C.F.R. § 842.11(b)(1)(ii)(B)(3) and (4). Appropriate action <br />includes enforcement or other action authorized under the State program to cause the violation to <br />