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rtaR. ze. zeal <br />~~ <br />N' <br />:~,~. <br />3~05Pr1 DIViMINERRLS&GEOLOGY <br />N0.960 P.2i3 <br />COLORADO DIVISION OF MIl~iERALS AND GEOLOGY <br />1313 Shetmaa Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />EICTENSION 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.: G-1981.041 <br />COUNTY: Mesa <br />TYPE OF MINE: Underanwnd/federal <br />PERMITTEE: Powderhom Coal Comoanv <br />In (a) Notice of Violation No. CV-2000.010, (h) Cessation Order No. N/A ,the deadline for abatement <br />of the practice, condition or violation described was fixed at Jenuarv 18. 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 of diligence on the part of <br />the operator. Powderhom Coal Company has requested an extension of the abatement period (attached). The <br />time for abatement is hereby extended to close of business May 31.2001. <br />This extension is granted based upon the following jus-ificat(on and conditions: <br />1.) Powderhom Coal Company is a debtor in possession in a Chapters 1 bankruptcy case pending in <br />Kentucky. According to the Powderhom Coal Company request for extension, Powderhom Coal company <br />is not conducting mining operations, but is proceeding with reclamation. Powderhom represents that <br />grarrting the extension request will cause ne harm to human health or the environment. <br />2.) Powderhom Coal Company will continue to provide fortnightly reports on its efforts to abate Notice of <br />Violation CV-2000-010. The Powderhom Coal Company proposed schedule for submittal of the reports <br />(March 29, 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 Commissien 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 Reinsuranc® Agreement and the January 5, <br />2001 Endoreemem No. 1 to the Agreement as DMG requests. <br />6.) This extension of the period to abate Notfce of Violation # CV-2000-010 to and including May 31, 2001 is <br />upon the express condition that Powderhom Ceal 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. Powderhor <br />Coal Company must file its appeal, if any, of Notice of Violation CV-2000-010 (and of the March 20, 2007 <br />Modification of Notice of Violation CV•2000-010) before 5:00 p,m, Denver time on April 20, 2001. <br />If Powderhom 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 Powderttorn does oat serve and file an appeal of the NOV x <br />different from its March 14, 2001 Petition for Fommal Review by close of business on April 20, 2001, ur <br />~i <br />