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Justification for Extension of Abatement <br />Notice of Violation No. CV- 2013 -004 <br />Bowie Resources, LLC (BRL) has requested an abatement period exceeding 90 days (Rule 5.03.2(2)(e). <br />The failure to abate the violation within 90 days has not been caused by a lack of diligence or intentional delay by BRL in <br />completing the remedial action required (Rule 5.03.2(2)(c)). <br />Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days include: <br />Where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days <br />clearly would cause more environmental harm than it would prevent (Rule 5.03.2(2)(c)(iv)). <br />BRL has provided relevant written information and established by clear and convincing proof that an extension under the <br />provisions of 5.03.2(2)(b) and (c) is warranted (Rule 5.03.2(2)(e)). <br />The Division is granting an extended abatement period with the concurrence of the Division Director, and the abatement <br />period granted does not exceed the shortest possible time necessary to abate the violation (Rule 5.03.2(2)(e)). <br />