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~~ J~U STATE OF COLORADO DIVISION Of MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 DIVISION O F Phone: (303) 866-3567 ~ M j jJ E jZA j, $ FAX: (303)832-8106 ® a A- ``o®~ RRR\~\**®~ ~~~~aa/~~ & gM GEOLOGY PE CLAM ATION MAR 1 y 2002 MINING•gAFETY DATE: Mazch 12, ZOOZ Bill Owens Division of Minerals and Geology covemor TO: Mike Long - ~ Greg E. Walther Executive Director FROM: Dan Mathews ~ Michael B. Long Division Director RE: Abatement Extension Justi fication NOV CV-2001-018 Munger Canyon Mine (Permit No. C-1981-020) Attached is a memo from Jim Stover, representing Lodestar Energy Inc. (LEI), requesting extension beyond 90 days for abatement of NOV CV-2001-018. The abatement would entail spreading and grading of soil cover over compacted coal waste material, followed by stabilization seeding atLEI's Munger Canyon Mine. When I issued the NOV inDecember, 2001, ground conditions were such that the work could not be prudently accomplished. At my most recent inspection at the end of February, snow cover and muddy conditions along the access road prevented access to the site. I believe it is likely that site conditions will remain unsuitable for completion of the work throughout the cltrrently specified abatement period (due date Mazch 21, 2002), and I recommend approval of the operator's request for extension of 30 days, until April 21, 2002. Completion of the work within the origina190 day abatement time frame would require grading operations under conditions of snow cover, mud and/or frozen ground, and would likely result in excessive compaction, ruts, and a generally lmnacceptable work product. As such, circumstances fit the "climatic justification" provision of Rule 5.03.2(2)(c)(iv), in that, due to climatic conditions, "abatement within 90 days clearly would cause more environmental harm than it would ptevent".