2016-12-22_REVISION - C1996083 (3)

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Bowie Resources, LLC Page 3 12/22/2016 5. Rule 4.13 requires that reclamation efforts of all land disturbed by surface coal mining operations shall occur as contemporaneously as practicable with mining operations. Based on information identified in the proposed TR -110 application, the proposed Daxiom gassification facility will be constructed on the coal stockpile pad once the coal currently on the pad is depleted. Currently, the coal stockpile pad is permitted to serve as a location to stockpile mined coal prior to transport and shipping. If the coal stockpile pad is no longer utilized to store coal as proposed under TR -110 and is revised to house the proposed plant facilities, the reclamation of the pad will not occur as contemporaneously as practicable with mining operations. Please provide to the Division a discussion if BRL proposes to request a variance for delay in contemporaneous reclamation requirements in combined surface and underground Mining operations as required per Rule 2.06.7 or justification as to why a variance for delay is not required under Rule 2.06.7. As noted in adequacy comment number 2, the proposed TR -110 application states that the plant will utilize coal waste with no discussion on the origin of the coal waste. If it is the case that the origin of the coal waste will be the gob piles permitted under C-1996-083, Rule 2.06.12 shall apply to any person engaged in surface coal mining and reclamation operations who removes or intends to remove more than 250 tons of coal from coal refuse piles within 12 consecutive calendar months in any one location. Currently, Minor Revision No. 187 (MR -187) for the Bowie No. 2 Mine PAP is under review with a Decision extended and not approved by the Division. MR - 187 was submitted to update the ownership and Control information required under Rule 2.03. In addition, Permit Renewal No. 4 (RN -4) is also currently under review by the Division. RN -4 requires an update of ownership and control information per Rule 2.03. Per Rule 2.06.12(2), each application shall contain the information required by 2.03, 2.04, 2.05, and 2.06. If it is the intention of proposed TR -110 to remove more than 250 tons of coal from coal refuse piles within 12 consecutive calendar months, please provide a discussion as to the status of MR -187 to meet the compliance criteria of 2.06.12(2) or provide a discussion as to why Rule 2.06.12(2) is not appropriate for this proposed action. Colorado Wastewater Discharge Permit System Permit No. CO -0044776 is associated with the discharge at the Bowie No. 2 Mine. The discharge of the area of the proposed plant and the currently approved coal stockpile pad reports to sedimentation pond B, with the outfall a part of the discharge permit. Per Rule 2.05.2(6), surface coal mining operations shall be conducted to meet the applicable State and Federal effluent limitations for all of the mixed drainage in cases where the sedimentation pond is used. Based on the information in the proposed TR -110, the coal stockpile pad and a portion of the proposed facilities will fall under the current discharge permit; however, the gasification plant does not fall within the definition of surface coal mine operations. As such, pond B will receive a mixed discharge from surface coal mine operations and the gasification plant. Please provide a discussion as to how Rule 4.5.2(6) will be addressed under the current discharge permit or if the additional effluent will require a revised discharge permit or a new discharge permit.