ENFORCE37560

• Permit No: C1981041
• IBM Index Class Name: Enforcement
• Doc Date: 6/3/1997
• Doc Name: Decision Extension Letter
• From: DMG
• To: POWDERHORN COAL CO
• Violation No.: CV1997001
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAJ(: (7031 832-8106
June 3, 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:
I~~~~
DEPARTMENT OF
NATURAL
RESOURCE
Roy Romer
Governor
lames S Lochhead
Faecuove Director
ivtichaei B. Long
Division Dueaor
I have reviewed your request of May 29, 1997, for extension of NOV
C-97-001 final abatement beyond the current abatement deadline of
May 30, 1997. Because the request would further extend the
abatement deadline beyond 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. Results of stability analyses required
by the Division were not finalized until this past week, and thus
you were unable to submit complete responses to the Division's
adequacy review until May 29. For this reason, it will be
impossible for the Division to approve the revision authorizing
settling pond construction until 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 immediat2 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.