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<br /> <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br />November 26, 2014 <br /> <br />To: Marcia Talvitie <br /> <br />From: Jason Musick <br /> <br />RE: Bowie No. 1 Mine <br /> Bond Release No. 5 (SL-5) <br />Sediment Control Demonstration Review <br /> <br /> <br /> <br /> <br />In accordance with Rule 3.03.1(3)(b) and with Section III.A.7a of the Division’s 1995 “Guideline Regarding <br />Selected Coal Mine Bond Release Issues”, the Division must make a determination that the lands to which <br />the release would be applicable are not contributing suspended solids to streamflow or runoff outside the <br />permit area in excess of premining levels as determined by baseline data or in excess of levels <br />determined on adjacent nonmined areas. <br /> <br />Technical Revision No. 58 (TR-58) approved the request to remove and reclaim the ROM, West Mine 1, and <br />West Mine 2 ponds. TR-58 was approved on June 9, 2014. As a part of TR-58, the Division reviewed <br />information provided by BRL in accordance with Rule 4.05.2(2). BRL provided soil loss comparison <br />information for the West Mine and ROM areas compared to pre-mine conditions. The Division made a <br />determination that untreated drainage from the disturbed areas will not contribute suspended solids at <br />levels above natural conditions and would meet the State and Federal water quality standard <br />requirements, as required by Rule 4.05.2(2). <br /> <br />Although the information provided with TR-58 is in compliance with Rule 4.05.2(2) and does not <br />specifically address Rule 3.03.1(3)(b). The Division has determined that the areas associated with the <br />sediment control demonstration of TR-58 include the same areas requested for Phase II release associated <br />with the SL-5 application. As such, this information can be used to determine compliance with Rule <br />3.03.1(3)(b) for SL-5. <br /> <br />Based on the Division’s finding for TR-58 and subsequent review of Exhibit Volume 8A of the Bowie I Mine <br />permit in accordance with Rule 3.03.1(3)(b), the Division finds that the lands proposed for the Phase II <br />bond release are not contributing suspended solids to streamflow or runoff outside the permit area in <br />excess of premining levels. <br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> <br />John W. Hickenlooper, Governor | Mike King, Executive Director | Virginia Brannon, Director <br />