ENFORCE27251

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 3/14/2001
• Doc Name: NOV CV-2000-010 REQUEST FOR AN ADDITIONAL EXTENSION OF TIME TO ABATE NOV
• From: SNELL & WILMER
• To: DMG
• Violation No.: CV2000010
• Media Type: D
• Archive: No

OJ~;4/_001 16:.9 FAS
Snell &Wilmer
L.L.P.
}~ ,~.: e
~OOJ/G04
faxes the no[ice of termination of the period to abate NOV #CV-2000-010 to Robert Comer (fax
303-634-2020), Denise Dragoo (fax: [phone]), Thomas Murano (fax: [phone]),
William Gorton (fax: [phone]), and Ethan Fogel (fax: [phone]). The debtor in
possession status of Powderhom and the role of the bankruptcy court satisfy the regulatory
requirements of 2 C.C.R. §407-2, R. 5.03.03(2)(c)(ii). Powderhom has been diligent and timely
in its efforts to abate the NOV.
There will be no harm to human health or the environment by granting this extension, and
in fact, the risk of harm to all parties will be much greater should an extension not be granted.
As cause therefore, and in satisfaction of its burden, Powderhom states as follows:
• The Powderhom mine is not conducting coal mining operations and has begun
implementation of its reclamation plan.
• There aze no violations alleged against Powderhom for its activities.
• The Frontier bond is in full force and effect under State law,
• To the best of our knowledge, Frontier has not defaulted on any sureties.
• Frontier has a reinsurance agreement with National Indemnity Company, which
covers the Powderhom bond. National Indemniry•Company has U.S. Department of
Treasury certification,.
• Any proceedings by the State to cause bond forfeiture will only foster media attention
and result in adversarial litigation between the parties, potentially delaying the
timeline for conducting on-the-ground reclamation of the property.
• Under the terms and conditions of the surety, Frontier may not cancel the bond and
must comply with all bond obligations.
• Should the State determine that Fronter's status creates an unabated violation by
Powderhom, it will have unfair and probably unintended consequences to both
Powderhom and Quaker, which could affect the bankruptcy reorganization, and
possibly the ability of the company to carry out the reclamation plan.
• Powderhom has violated no term or condition of its bond.
• Powderhom is in full compliance with its operating permit and the extension terms.
• Powderhom has submitted four fortnightly reports reporting on its progress to abate
the alleged NOV.
• The State should not impute a violation to Powderhom based on Frontier's status.
• The bankruptcy and the inactive status of the mine make it difficult to find a surety
willing to provide a bond.
Powderhom further agrees to continue to provide fortnightly reports on its efforts to abate
the NOV during the extension period. Powderhom proposes to provide those reports on the
following slightly modified schedule to accommodate existing scheduling commitments -March
28, April 13, and every other Friday thereafter for the duration of the extension, subject to such
changes as aze agreed upon with DMG-
:;
_,. y
~~~
;~..
_.'~ ~.~:
.i
-~ ),:
~• ;
`x
9r
.,y -
~? ~ ~.
`:. ~:
-u , •:
7 Cf.
soae.i