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~ w pF'CO~J <br />.Q <br />~~~~ .,, <br />.~./ . <br /> <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-367 <br />EXTENSION OF TIME FOR ABATEMENT NOTICE <br />FOR NOTICE OF VIOLATION OR CESSATION ORDER FOR COAL OPERATION <br />TO: THE OPERATOR AND PERMITTEE OF THE MINE DESCRIBED BELOW <br />CESSATION ORDER NO.: N/A NOTICE OF VIOLATION NO.: CV-2000-010 <br />DATE NOV OR CO ISSUED: December 14. 2000 <br />MINE: Roadside Portals <br />OPERATOR (IF OTHER THAN PERMITTEE:) <br />PERMIT NO.: C-1981-041 <br />COUNTY: Mesa <br />TYPE OF MINE: Underground/federal <br />PERMITTEE: Powderhorn Coal COmflanV <br />In (a) Notice of Violation No. CV-2000-010, (b) Cessation Order No. N/A ,the deadline for abatement <br />of the practice, condition or violation described was fixed at January 16. 2001. <br />It is hereby found that the operator has failed to abate such practice, condition or violation, or cannot <br />complete abatement within the time allowed, but that such failure is not due to lack o} diligence on the part of <br />the operator. Powderhorn Coal Company has requested an extension of the abatement period (attached). The <br />time for abatement is hereby extended to close of business Mav 31.2001. <br />This extension is granted based upon the following justification and conditions: <br />1.) Powderhorn Coal Company is a debtor in possession in a Chapterl l bankruptcy case pending in <br />Kentucky. According to the Powderhorn Coal Company request for extension, Powderhorn Coal company <br />is not conducting mining operations, but is proceeding with reclamation. Powderhorn represents that <br />granting the extension request will cause no harm to human health or the environment. <br />2.) Powderhorn Coal Company will continue to provide fortnightly reports on its efforts to abate Notice of <br />Violation CV-2000-010. The Powderhorn Coal Company proposed schedule for submittal of the reports <br />(March 28, April 13, and every other Friday thereafter for the duration of the extension) is acceptable. <br />3.) Frontier Insurance Company has committed to provide actuarial reports for Frontier Insurance Company <br />and its parent company by March 21, 2001. <br />4.) Frontier Insurance Company has committed to execute releases by March 21, 2001, for the any and all <br />actuarial reports by the New York State Insurance Commission and/or by the Colorado State Insurance <br />Commission. <br />5.) Frontier Insurance Company has committed to provide further information and documentation on the <br />September 27, 2000 National Indemnity Company Aggregate Reinsurance Agreement and the January 5, <br />2001 Endorsement No. 1 to the Agreement as DMG requests. <br />6.) This extension of the period to abate Notice of Violation # CV-2000-010 to and including May 31, 2001 is <br />upon the express condition that Powderhorn Coal Company waives its right under C.R.S. 34-33-124(1)(a) <br />to a full 90 days to appeal the March 20, 2001 Modification of Notice of Violation CV•2000-010. Powderhorn <br />Coal Company must file its appeal, if any, o} Notice of Violation CV-2000-010 (and of the March 20, 2001 <br />Modification of Notice of Violation CV-2000-010) before 5:00 p.m. Denver time on April 20, 2001. <br />If Powderhorn chooses to modify its March 14, 2001 Petition for Formal Review, it must do so before 5:00 <br />p.m. (Denver time) on April 20, 2001. If Powderhorn does not serve and file an appeal of the NOV <br />different from its March 14, 2001 Petition for Formal Review by close of business on April 20, 2001, <br />