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iiiiiuiiiiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAJ(: (7031 832-8106 <br />June 3, 1997 <br />Mr. Larry M. Reschke <br />Powderhorn Coal Company <br />P.O. Box 1430 <br />Palisade, Colorado 81526 <br />RE: NOV C-97-001 abatement extension beyond 90 days <br />Roadside Mine (C-81-041) <br />Dear Mr. Reschke: <br />I~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames S Lochhead <br />Faecuove Director <br />ivtichaei B. Long <br />Division Dueaor <br />I have reviewed your request of May 29, 1997, for extension of NOV <br />C-97-001 final abatement beyond the current abatement deadline of <br />May 30, 1997. Because the request would further extend the <br />abatement deadline beyond the 90th day following issuance of the <br />NOV, my concurrence with further extension is required by Rule <br />5.03.2(2)(e). <br />My understanding is that final abatement of the subject NOV <br />involves construction of a settling pond proposed in pending <br />Technical Revision No. 22. Results of stability analyses required <br />by the Division were not finalized until this past week, and thus <br />you were unable to submit complete responses to the Division's <br />adequacy review until May 29. For this reason, it will be <br />impossible for the Division to approve the revision authorizing <br />settling pond construction until after the abatement deadline has <br />passed. <br />It is also my understanding that interim measures undertaken in <br />response to NOV C-97-001 have addressed the immediat2 cause of the <br />TSS exceedance for which the NOV was issued, and that extension of <br />the abatement time frame will not result in any further <br />environmental damage. Further, it appears that you have met <br />interim abatement deadlines in a timely manner, and that the <br />inability to meet the final abatement deadline is not due to a lack <br />of diligence on your part. <br />