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Bowie No. 2 Mine (C- 1996 -083) <br />2013. <br />MT- 4 <br />Notice of Violation CV- 2013 -004 was issued on May 16, 2013 for failure to construct Gob Pile #2 <br />in a controlled manner to ensure stability of the fill, and failure to control surface water runoff <br />on Gob Pile #2 and Gob Pile #4. During a partial inspection conducted on May 9, 2013, it was <br />observed at Gob Pile #2 that refuse material was not being placed and compacted in <br />compliance with the approved permit and Rules, resulting in drainage control problems and <br />possible instability. The violation was abated with rehandling and compaction of refuse <br />material on Gob Pile #2, and was terminated on October 2, 2013. <br />Section VI - Identified Issues and Required Revisions <br />The following concerns were identified as a result of this midterm review: <br />1. If there have been any changes to the ownership and control information for BRL since the <br />September 12, 2014 submittal under PR -14, please provide updated identification of <br />interests information as required by Rule 2.03.4. <br />2. Section 2.03.7 of the approved permit application package (page 2.03 -16) indicates that <br />there are no occupied dwellings within 300 feet measured horizontally of the surface <br />operations or facilities. Rule 2.07.6(2)(d)((v) requires the Division to, prior to issuing an <br />permit, permit revision, or permit renewal, make a finding that the affected area of a <br />proposed operation is not within 300 feet measured horizontally of any occupied <br />dwelling, unless the owner thereof has provided a written waiver consenting to surface <br />coal mining operations closer than 300 feet. Surface coal mining operations, as defined by <br />Rule 1.04(132) (which references 34 -33 -121) would include the surface affects of <br />subsidence for those areas within the angle of draw of the mine workings. The Turkey <br />Track structures, shown on Map 27, are within 300' of the affected area (as defined by <br />Rule 1.04(7)) and angle of draw of Panels B18, B20, and B22. Please provide a waiver, in <br />accordance with the provisions of Rules 2.03.7 and 2.07.6(2)(d)(v), from the owner of the <br />Turkey Track structures or revise the mine plan to ensure that the required 300' buffer is <br />maintained. <br />3. Please update the Cultural and Historic Resources section of the permit (Section <br />2.04.4(1)) beginning on page 2.04 -9, to reflect the recent approval of TR -87 and <br />resulting plans to remove the Coal Sales building at the King Mine. <br />4. The last line of page 2.08 -8, approved with MR -160, has been dropped. Please revise <br />page 2.05 -8 to include the words "the surface" at the bottom of the page. <br />5. Please revise the list of sediment ponds on page 2.05 -37, paragraph (a) to include Pond <br />F. <br />Page 12 of 22 <br />