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_ United States Department of the Interior �Ik. SUPFAt- <br /> eNT OF,y 1 <br /> OFFICE OF SURFACE MINING M Z <br /> sReclamation and Enforcement � ���� <br /> �J Western Region Office AND <br /> Western <br /> P.O.Box 25065 <br /> RcH 3�$�9 Lakewood, Colorado 80225 <br /> July 22, 2021 <br /> CERTIFIED MAIL <br /> James Stark <br /> Director, Coal Regulatory Program <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 (Certified mail and email) <br /> Re: Ten Day Notice X21-140-562-001 and Citizen Complaint—Material Damage to Hydrologic <br /> Balance and Subsidence at Roadside Portals Mine (C-1981-041) <br /> Dear Mr. Stark: <br /> The Office of Surface Mining Reclamation and Enforcement—Denver Field Branch (OSMRE- <br /> DFB) has received your letter dated July 21, 2021 requesting DFB grant the Colorado Division <br /> of Reclamation, Mining and Safety (DRMS) a 45-day time extension to respond to Ten-Day <br /> Notice (TDN) X21-140-562-001 issued to your office on July 7, 2021 regarding a Citizen <br /> Complaint from John R. Henderson, Counsel for Rudolph Fontanari and the Fontanari Revocable <br /> Trust(Complainant) alleging that Snowcap Coal Company has failed to prevent material damage <br /> to the hydrologic balance and failed to plan and conduct underground mining activities so as to <br /> prevent subsidence from causing material damage to the surface at the Roadside Portals Mine. <br /> Pursuant to OSMRE Directive INE-35, OSMRE will accept as good cause under 30 CFR <br /> 842.11(b)(1)(ii)(B)(4)(ii) a regulatory authority's (RA)response that requests a reasonable and <br /> specified extension of time to decide whether a violation of the approved regulatory program <br /> exists and provides an adequate justification for the extension, including the status of the RA's <br /> investigation to date and the steps to be taken to determine whether the violation exists. The <br /> RA's justification must not be arbitrary, capricious, or an abuse of discretion. <br /> After carefully reviewing your letter, DFB is granting your office a time extension until <br /> September 6, 2021 to respond to the TDN regarding Snowcap Coal Company's Roadside Portals <br /> Mine in Colorado. <br /> Please respond as directed at 30 CFR 842.11, by September 6, 2021, by taking appropriate action <br /> to cause the possible violation to be corrected or to show good cause for such failure. <br /> Appropriate action and good cause are defined at 30 CFR 842.11(b)(1)(ii)(B)(3) and (4). <br /> Appropriate action includes enforcement or other action authorized under the State program to <br />