ENFORCE36041

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 4/14/1997
• Doc Name: NOV C-97-001 ABATEMENT EXTENSION BEYOND 90 DAYS ROADSIDE MINE C-81-041
• From: DMG
• To: POWDERHORN COAL CO
• Violation No.: CV1997001
• Media Type: D
• Archive: No

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999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmem of Natural Resources
1 313 Sherman 51 . Room 215
Denver, Colorado 80203
Phone. [phone]
FA%:13071 832-8105
April 14, 1997
Mr. Larry M. Reschke
Powderhorn Coal Company
P.O. Box 1430
Palisade, Colorado 81526
RE: NOV C-97-001 abatement extension beyond 90 days
Roadside Mine (C-81-041)
Dear Mr. Reschke:
~~--
E~'1
nePntirrotErrr of
NATURAL
RESOURCE
Roy Romer
Governor
lames S Lochhead
Exec W ive Director
Michael & Long
Division DireUOr
I have reviewed your request of March 31, 1997, for extension of
NOV C-97-001 final abatement beyond the current abatement deadline
of April 23, 1997. Because April 23 is the 90th day following
issuance of the NOV, my concurrence with further extension is
required by Rule 5.03.2(2)(e).
My understanding is that final abatement of the subject NOV
involves construction of a settling pond proposed in pending
Technical Revision No. 22. The Division has requested certain
stability analyses as required by applicable regulations, which
will entail contracting with an engineering consultant to perform
the testing and report preparation. You have indicated that
results of the analyses will not be available for submittal to the
Division until the first week of May. For this reason, it will be
impossible for the Division to approve the revision authorizing
settling pond construction, until well after the abatement deadline
has passed.
It is also my understanding that interim measures undertaken in
response to NOV C-97-001 have addressed the immediate cause of the
TSS exceedance for which the NOV was issued, and that extension of
the abatement time frame will not result in any further
environmental damage. Further, it appears that you have met
interim abatement deadlines in a timely manner, and that the
inability to meet the final abatement deadline is not due to a lack
of diligence on your part.