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United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />P.O. Box 25065 <br />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 <br />RECEIVED <br />AUG 02 2021 <br />DIVISION OF RECLAMATION <br />MINING & SAFETY <br />(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 WE-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 />