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2021-09-10_ENFORCEMENT - C1981041
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2021-09-10_ENFORCEMENT - C1981041
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Last modified
9/17/2021 6:31:12 AM
Creation date
9/16/2021 9:35:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Enforcement
Doc Date
9/10/2021
Doc Name
Citizen Complaint
From
OSM
To
DRMS
Section_Exhibit Name
TDNX21140562001
Email Name
JRS
JDM
CCW
Media Type
D
Archive
No
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After carefully reviewing your letter, DFB is granting your office a time extension until <br />September 22, 2021 to respond to the TDN regarding Snowcap Coal Company's Roadside <br />Portals Mine in Colorado. <br />Please respond as directed at 30 CFR 842.11, by September 22, 2021, by taking appropriate <br />action 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 />cause the violation to be corrected. Good cause for not taking enforcement or other action <br />includes a showing that the possible violation does not exist under the State program; the RA has <br />initiated an investigation into a possible violation and as a result has determined that it requires a <br />reasonable, specified additional amount of time to determine whether a violation exists; the RA <br />demonstrates that it lacks jurisdiction over the possible violation under the State program; the <br />RA demonstrates that it is precluded from taking action on the possible violation because an <br />administrative review body or court of competent jurisdiction has issued an order concluding that <br />the possible violation does not exist or that the temporary relief standards of the State regulatory <br />program counterparts to section 525(c) of the Act have been satisfied; or, regarding abandoned <br />sites as defined at 30 CFR 840.11(g), the State regulatory authority is diligently pursuing or has <br />exhausted all appropriate enforcement provisions of the State regulatory program. <br />After receiving your response, including any additional information provided, DFB will issue its <br />written determination including, if necessary, any order to correct the violations, if found. <br />If you have any questions please contact Tom Medlin at (303) 236-3982 or tmedlin(&osmre.gov. <br />Sincerely, <br />HOWARD Digitally signed by <br />HOWARD STRAND <br />021.09.07 12:20:40 <br />STRAND <br />Howard E. Strand, Manager <br />OSMRE Denver Field Branch <br />C: John R. Henderson, Of Counsel <br />Snowcap Coal Company <br />
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