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STATE OF COLORADO <br />DIVISION OE MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />DATE: Mazch 12, 2002 <br />TO: Mike Long ,/J <br />FROM: Dan Mathews ~~ <br />RE: Abatement Extension Justification <br />NOV CV-2001-018 <br />Munger Canyon Mine (Permit No. C-1981-020) <br />Greg E. Walther <br />Executive Director <br />Michael B. Lang <br />Division Director <br />Attached is a memo from Jim Stover, representing Lodestar Energy Inc. (LEI), requesting extension beyond 90 days for <br />abatement ofNOV CV-2001-018. The abatement would entail spreading and grading of soil cover over compacted coal <br />waste material, followed by stabilization seeding atLEI's Munger Canyon Mine. When I issued the NOV in December, <br />2001, ground conditions were such that the work could not be prudently accomplished. At my most recent inspection at <br />the end of February, snow cover and muddy conditions along the access road prevented access to the site. I believe ii is <br />likely that site conditions will remain unsuitable for completion of the work throughout the currently specified abatement <br />period (due date March 21, 2002), and I recommend approval of the operator's request for extension of 30 days, until April <br />21, 2002. <br />Completion of the work within the origina190 day abatement time frame would require grading operations under <br />conditions of snow cover, mud and/or frozen ground, and would likely result in excessive compaction, ruts, and a generally <br />unnacceptable work product. As such, circumstances fit the "climatic justification" provision of Rule 5.03.2(2)(c)(iv), in <br />that, due to climatic conditions, "abatement within 90 days clearly would cause more environmental harm than it would <br />prevent". <br />f1Gls~8 P9 ~® <br />MAR 1 y 2002 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Division of Minerals and Geology Governor <br />