2014-10-10_REVISION - C1996083 ‎(4)‎

• Permit No: C1996083
• IBM Index Class Name: Revision
• Doc Date: 10/10/2014
• Doc Name: Transmittal of Proposed Decision & Findings
• From: DRMS
• To: Richard Rudin
• Type & Sequence: PR14
• Email Name: SLB
• Email Name: DIH
• Media Type: D
• Archive: No

The Division published a newspaper notice in the Delta County Independent, which
specifically advised the public of this situation and invited any interested party to request
a public hearing. No such requests were received. The publication occurred on August
7, 1996, and the proof of publication was received by the Division on August 12, 1996.
Additionally, on July 26, 1996 the Division received a letter dated July 8, 1996 written
from the Colorado Department of Transportation to Bowie Resources, LLC specifically
allowing such activities within 100 feet of the highway. This letter is presented in
Volume III, Exhibit 14 of the Bowie No. 2 Mine permit application document.
The proof of publication and the Department of Transportation letter are on file within
the Division's correspondence files for the Bowie No. 2 Mine permit application.
Volume III, Exhibit 13 of the permit application also includes a copy of the Colorado
Department of Transportation State Highway Access Permits granted for the Bowie No. 2
Mine.
Through Permit Revision No. 3, BRL obtained approval to again construct certain
facilities within 100 feet of the right -of -way of old State Highway 133. The facilities
included the coal stockpile, coal haul truck loading system and the relocated pond B.
A public notice was published in the Delta County Independent informing the public of
their right to request an informal conference concerning this situation. No requests were
received that specifically requested an informal conference to discuss the right -of -way
issue, although two informal conferences were held, on August 5, 1999 and September
13, 1999, to discuss issues pertaining to Permit Revision No. 3 in general. Additionally,
BRL submitted a letter from the Colorado Department of Transportation (CDOT), dated
January 12, 1999, in which permission was granted for construction of the proposed
facilities within 100 feet of the right -of -way of old State Highway 133. A copy of the
letter is in Tab 14 of Volume III of the Bowie No. 2 Mine permit application. Tab 13 of
Volume III includes the two state highway access permits, numbered 399058 and
399059, required by CDOT for the operations proposed in Permit Revision No. 3.
Approval of Permit Revision No. 6 also permitted the construction of facilities within 100
feet of the right -of -way of State Highway 133 and Old State Highway 133. The facilities
include an overhead conveyor line and conveyor support structures within the right -of-
way of Old State Highway 133, as well as sedimentation ponds J and K, sections of
railroad track construction and a temporary construction access road within the right -of-
way of State Highway 133. The public notice of completeness for Permit Revision No. 6,
published in the Delta County Independent on August 15, 22, 29 and September 5, 2001,
informed the public of the right to request an informal conference to discuss the issues in
Permit Revision No. 6. There were no requests for an informal conference.
In addition, BRL submitted to the Division a letter dated January 8, 2002 in which CDOT
approved of the proposed disturbances within 100 feet of the highway right -of -ways.
BRL also submitted a utility permit issued by CDOT, allowing the construction of the
overhead conveyor belt over Old State Highway 133. The road access permit for the
temporary construction access road was required to be submitted through Stipulation No.
13, attached to the Permit Revision No. 6 decision.
Technical Revision No. 27 provided for the storage of soil and rock material that was
Page 27 of 46