2021-09-10_ENFORCEMENT - C1981041

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t�£HT or ),h Fy o rt� 9 4191'CH 9. t06 A CERTIFIED MAIL United States Department of the Interior OFFICE OF SURFACE MINING Reclamation and Enforcement Western Region Office P.O. Box 25065 Lakewood, Colorado 80225 September 7, 2021 James Stark Director, Coal Regulatory Program Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 SEP 1 o 2021 DIVISION Orr MINIWO ' ION (Certified mail and email) Re: Ten Day Notice X21-140-562-001 and Citizen Complaint — Material Damage to Hydrologic Balance and Subsidence at Roadside Portals Mine (C-1981-041) Dear Mr. Stark: The Office of Surface Mining Reclamation and Enforcement — Denver Field Branch (OSMRE — DFB) has received your letter dated September 7, 2021 requesting DFB grant the Colorado Division of Reclamation, Mining and Safety (DRMS) an additional 15-day time extension to respond to Ten -Day Notice (TDN) X21-140-562-001 issued to your office on July 7, 2021 regarding a Citizen Complaint from John R. Henderson, Counsel for Rudolph Fontanari and the Fontanari Revocable Trust (Complainant) alleging that Snowcap Coal Company has failed to prevent material damage to the hydrologic balance and failed to plan and conduct underground mining activities so as to prevent subsidence from causing material damage to the surface at the Roadside Portals Mine. On July 22, 2021, DFB granted DRMS a 45-day time extension until September 6, 2021. During that time, DRMS conducted the required inspection with Mr. Fontanari and a representative from OSMRE on August 10, 2021, and the report was issued on August 25, 2021. DRMS explains that it is still working on putting together its response to the original complaint, which is taking more time than anticipated. Pursuant to OSMRE Directive INE-35, OSMRE will accept as good cause under 30 CFR 842.11(b)(1)(ii)(B)(4)(ii) a regulatory authority's (RA) response that requests a reasonable and specified extension of time to decide whether a violation of the approved regulatory program exists and provides an adequate justification for the extension, including the status of the RA's investigation to date and the steps to be taken to determine whether the violation exists. The RA's justification must not be arbitrary, capricious, or an abuse of discretion.