2014-10-10_REVISION - C1996083 (5)

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• DWR, written comments: DWR reiterated that fact that the Bowie No. 2 Mine is located in an over appropriated stream basin, and restated the requirement for all impounded water to be released within a maximum of 72 hours of impoundment. DWR also provided general information regarding well permitting, for assistance in determining the requirements for any new proposed wells. • History Colorado, written comments: History Colorado noted that the U.S. Forest Service had initiated contact with History Colorado during preparation of the environmental assessment (EA) associated with the Spruce Stomp lease application. History Colorado noted that the survey conducted in conjunction with the EA identified three sites eligible for listing in the National Register of Historic Places, and recommended, under a determination with conditions, that these sites be periodically monitored to better understand potential future impacts to cultural resources in subsidence zones as well as to ensure that any potential adverse effects are mitigated if necessary. The EA includes a stipulation that the sites be monitored after project activities commence to ensure continued integrity of the sites. BRL has committed to such monitoring in the permit application package, as revised with PR -14. History Colorado also noted that surface disturbance is not proposed with this revision, and as such determined that their prior effect determination with conditions would still be appropriate. Keeping with current practice of consulting History Colorado when proposed mine operations will create new surface disturbance, the Division will consult with History Colorado when reviewing any revision that proposes surface disturbance within the Spruce Stomp lease area. Permitting History The original Bowie No. 2 Mine permit application was submitted by Bowie Resources Limited on February 13, 1996. The permit was issued on April 4, 1997, with an expiration date of April 4, 2002, and has been renewed twice with a current expiration date of April 4, 2017. With approval of a succession of operator request (SO -02) on June 25, 2009 the permit was transferred to Bowie Resources, LLC (BRL). Since the first permit application was approved for the mine, the Division has reviewed applications for thirteen permit revisions, 94 technical revisions, 164 minor revisions, and three successions of operator. The approved revisions have increased the permit area by 6,870 acres, and allowed for the conversion from a one seam continuous miner /room and pillar operation to a longwall operation in two seams. Four gob piles have been approved for construction, and a unit train loadout was added. The coal and the surface lands within the present permit area are both federally and privately owned. Of the 9,197 acres of currently approved permit area, a total of 403 acres are approved for surface disturbance. Surface disturbance includes facilities areas, roads, sedimentation ponds, gob piles, gob vent boreholes, ventilation shafts, and a unit train loadout. There is no additional surface disturbance proposed under PR -14. The currently approved affected area acreage is 5,791 acres; PR -14 will add an additional 1,356 acres of affected area. The original Bowie No. 2 Mine permit application indicated that mining would be conducted in the D Seam using the room and pillar mining method. Permit Revision No. 2 changed the Page 14 of 46