ENFORCE30989

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 8/4/2005
• Doc Name: Extension of Time for Abatement Review Memo
• From: Dan Hernandez
• To: Byron Walker
• Violation No.: CV2005005
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION OF
MINERALS
GEOLOGY
0.ECLANATION•NINING
SAEETY•SCIENCE
Interoffice MEMORANDUM BiR Owens
Governor
Russell George
to: Byron G. Walker, Environmental Protection Specialist cr~ Executive Director
from: Daniel I. Hernandez, Senior Environmental Protection Specialist y~~Ronald w. Cattany
subject: Extension of Time for Abatement Notice, CV-2005-005 Part (2) Division Director
Natural Resource Trustee
date: 4 August 2005
I have received and reviewed the Twentymile Coal Company (Company) request, dated August
2. 2005, fora 60-day extension to the abatement deadline of August 8, 2005 associated with Par[
(2) of Notice of Violation (NOV) CV-2005-005. I concur with the requested extension for the
following reasons.
The Company has demonstrated diligence in the prescribed abatement of the violation. Delays
have not been intentional, but are rather incidental to the due processes of NOV abatements and
permit revisions [Rule 5.03.2(2)(c) and Rule 5.03.2(2)(c)(i)]. The Company procured outside
engineering services for the design of the abatement work, and submitted a technical revision
application (TR-50) for approval. The Company exercised its right to request an assessment
conference, and the conference was held and findings issued in due process. The~time required
and allowed for processing revisions to the permit are prescribed by the Rules, and cannot be
avoided by the Company or circumvented by the Division.
The Company requested an extension to the period of abatement in fulfillment of the provisions
of Rule 5.03.2(2)(e).
The Company requested an extension of time for abatement that is the shortest time necessary to
abate the violation [Rule 5.03.2(2}(e}].
The Company requested an extension of time that is less than the 90 days allowable [Rule
5.03.2(2)(g)].
files: C-1981-056 CV 2005-005
Office of Office of Colorado
Mined Land RErlamailon Active and 7nadive Mines Geological Survey