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1 Aug 2005 the Division found the TR-50 application complete, subsequent to receipt of <br />missing information. <br />2 Aug 2005 request by the Company to extend the time of abatement to 7 October 2005 <br />(received at the Division on 3 Aug 2005). <br />4 Sep 2005 publication of applicants public notice. <br />22 Sep 2005 discovery of an error in the published (applicant's) public notice. The public <br />notice could be interpreted that the time for public comment on the application <br />was open unti125 October 2005. The due date for public comment should have <br />read so as to close on 15 September 2005. <br />30 Sep 2005 current due date for a proposed decision for TR-50 (to be extended to 14 Nov <br />2005) <br />07 Oct 2005 current due date for abatement (to be extended to 5 Jan 2006).. <br />The error discovered on 22 September 2005, extends the public review comment period beyond <br />the 7 October 2005 current abatement date. A summary of proposed actions and an anticipated <br />(not later than) schedule to complete abatement of Part (2)(b) is as follows: <br />26 Sep 2005 submittal by applicant of a corrected public notice to the newspaper. <br />10 Oct 2005 publication of the applicant's public notice. <br />20 Oct 2005 close of public comment period. <br />31 Oct 2005 allow for time to respond to any potential public comment. <br />14 Nov 2005 due date for a proposed decision on TR-50 by the Division (required an extension <br />request by the applicant, received 26 September 2005) <br />27 Nov 2005 publication of Division's public notice of the proposed decision. <br />07 Dec 2005 close of public comment period on Division's public notice. <br />08 Dec 2005 final approval of the technical revision that permits required abatement work. <br />31 Dec 2005 work accomplished by the applicant. <br />OS Jan 2006 inspection of work, abatement of violation <br />OS Jan 2006 proposed extended abatement date requested by the Company. (The Company <br />submitted a request to extend the abatement date to 5 January 2005 on 26 September 2005.) <br />I have reviewed the Company's request to extend the time of abatement for Part (2)(b) and find it <br />meets the requirements of Rule 5.03.2(2) for approval. A summary of this review follows: <br />Rule 5.03.2(2)(c) provides for extension to abate within 90 days if the delay was not <br />intentional or caused by a lack of diligence by the Company. The error in the public notice was <br />unintentional. The error went undiscovered by the Company and the Division until review of a <br />publication of the notice in the Steamboat Pilot and Today by the Division. <br />Rule 5.03.2(2)(c)(i) provides for extension to abate when the Company has diligently pursued <br />necessary approval of designs or plans. The Company designed abatement work and submitted a <br />technical revision application (TR-50) for approval. However, the Division found the application <br />incomplete. The Company submitted missing items and the Division found the application <br />complete. <br />4 August 2005, page2 of 3 pages, R. W. Cattany <br />