ENFORCE22059

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 9/26/2005
• Doc Name: Extension Of Time For Abatement and 90-Day Extension Review Memo
• From: Dan Hernandez
• To: Byron Walker
• Violation No.: CV2005005
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Interoffice MEMORANDUM
to: Byron G. Walker, Environmental Protection Specialist
from: Daniel L Hernandez, Senior Environmental Protection Specialist ;~l![r
subject: Extension of Time for Abatement Notice, CV-2005-005 Part (2)
date: 26 September 2005
COLORADO
DIVISION O F
MIN ORALS
GEOLOGY
0.ECLANATION•NINING
SAFETY•S<IENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Canany
Division Director
Natural Resource Trustee
I have received and reviewed the Twentymile Coal Company (Company) request, dated 26
September 2005, fora 90-day extension to the abatement deadline of 7 October 2005 associated
with Part (26) of Notice of Violation (NOV) CV-2005-005. The revised abatement deadline is 5
January 2006. I concur with the requested extension for the following reasons.
The Company has demonstrated diligence in the prescribed abatement of the violation. A delay
was not intentional, but was a result of an unintentional error in a public notice [Rule 5.03.2(2)(c)
and Rule 5.03.2(2)(c)(i)]. The time required and allowed for processing revisions to the permit
are prescribed by the Rules, and cannot be avoided by the Company or circumvented by the
Division.
The Company requested an extension to the period of abatement in fulfillment of the provisions
of Rule 5.03.2(2)(e).
The Company requested an extension of time for abatement that is the shortest time necessary to
abate the violation [Rule 5.03.2(2)(e)].
The Company requested an extension of time of the 90 days allowable [Rule 5.03.2(2)(g)].
files: C-1981-056 CV 2005-005
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey