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iiiiiiiiiiiiiiiiiii STATE OF COLU1~vU DIVISION OF MINERALS AND GEOLOGY Depanmenl o(Nyuml Resources 1711 Sherman SL. Room 215 Denver, Color, do 80201 Phone: I}Ol) 866-7 i67 FAX' 110 41 8 11-810fi October 10, 1997 Mr. Larry Reschke Powderhorn Coal Company P.O. Box 1430 Palisade, CO 81526 RE: NOV C-97-001 Abatement Extension Beyond 90 Days Roadside Mine (C-81-041) Dear Mr. Reschke: ~I~~ I)EPARTMEI~IT OP NATURAL RESOURCES Hny Romer Governor lames 5 Lochhrad E.ecuuve Dirmor Mkhael B Long Uinsion Dircaor I have reviewed your request of October 8, 1997, for extension of NOV C-97-001 final abatement beyond the current abatement deadline of October 9, 1997. Because the request would further extend the abatement deadline beyond the 90th day following issuance of the NOV, my concurrence with the further extension is required by Rule 5.03.2(2)(e). My understanding is that final abatement of the subject NOV involves construction of a settling pond proposed in pending Technical Revision No. 22. Results of stability analyses required by the Division were not received until recently. For this reason, it will be impossible for the Division to approve the revision authorizing the pond construction until after the abatement deadline has passed. It is also my understanding that interim measures undertaken in response to NOV C-97-001 have addressed the immediate cause of the TSS exceedance for which the NOV waz issued and, that extension of the abatement time frame will not result in any further environmental harm. Therefore, pursuant to Rules 5.03.2(2)(c)(I) and 5.03.2(2)(e), I am authorizing extension of final abatement until December 8, 1997 or, thirty days following closure of the public comment period on the Division's proposed decision for Technical Revision No. 22, whichever is earlier. This is a shorter extension than requested in your October 8, 1997 letter to Dan Mathews. However, thirty days should be more than ample time to complete the pond modifications proposed in Technical Revision No. 22. Considering the length of time which has already passed since this NOV waz issued, it is imperative the Powderhorn Cola Company ,make every effort to complete the abatement work prior to the deadline on the enclosed extension form.