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<br />RFCF-IVED <br />N®V 2 ? 2008 <br />pi?dsw, nd gdfaty <br />Mlninv a <br />November 18, 2008 <br />RE: NOV CV -2008-04, Request for Extension of Abatement Date, Colowyo Coal Co. L.P., Permit <br />No. C-1981-019. <br />Dear Mr. Stark, <br />The purpose of this letter is to request an extension of the abatement date for this NOV to 27 February <br />2009. The extension is necessary as commencement and completion of Abatement Condition Number <br />One, Clean the Prospect Pond to remove the sediment to restore the proper pond volume and function, <br />put forth by the Division will not be completed by the date set forth in the NOV. The abatement date for <br />this NOV is set for November 28, 2008. The Division is currently aware that Colowyo has actively shown <br />it is in the process of satisfying the referenced abatement condition by awarding the bid to Anson <br />Excavating and Pipe LLC (Anson) for the cleaning of Prospect Pond with the intention of commencing <br />and completing removal of the sediment by the referenced abatement date. <br />Colowyo would like to request that the abatement date be modified to provide for the full 90 days for <br />abatement as provided in the regulations based on the following rationale. <br />1. Colowyo lacks the proper equipment to complete this task on its own. Therefore, Colowyo <br />awarded the bid to clean Prospect Pond to Anson. Due to previous and existing contractual <br />agreements and obligations, Anson is currently waiting for a long-reach track-type excavator to <br />become available to mobilize to the Prospect Pond. Without this vital piece of equipment, <br />excavation of this pond is nearly impossible. Once this piece of equipment is available, <br />completion of the Prospect Pond cleaning will most likely exceed the referenced abatement date <br />for the reasons set forth in the following rationale. <br />2. Due to the amount of sediment located in and around the Prospect Pond, Colowyo believes that the <br />pond will not be completely cleaned by the abatement date set forth by the Division. <br />3. Colowyo believes that this extension is even more necessary as climatic and ground conditions <br />begin to change to a more seasonal weather pattern that corresponds with winter conditions <br />characteristic of the area. The climate of the area can be described as typical of a high plains, <br />continental, mid-latitude region with warm summers and cold winters characterized by high <br />diurnal and seasonal temperature variations with much of the area's precipitation being received <br />during these long, cold winters. Given the uncertainties of these seasonal weather conditions, the <br />Colowyo Mine • 5731 State Highway 13 • Meeker, Colorado 81641 <br />T +1 970 824 1500 • F +1 970 824 1504 • www.rtea.com <br />Ryan Pawlowski <br />Environmental Engineer <br />970-824-1578