2023-01-12_REVISION - C1996083 ‎(28)‎

• Permit No: C1996083
• IBM Index Class Name: Revision
• Doc Date: 1/12/2023
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Bowie Resources, LLC
• Type & Sequence: RN5
• Email Name: RDZ
• Email Name: MAC
• Media Type: D
• Archive: No

f) The boundaries of any national forest unless the required finding of compatibility has
been made by the Secretary of the U.S.Department of Agriculture (2.07.6(2)(d)(111)(D));
g) One hundred feet of the outside right-of-way line of any public road,except where mine
access or haul roads join such line and excepting any roads for which the necessary
approvals have been received,notices published,public hearing opportunities provided
and written findings made (2.07.6(2)(d)(iv)).
At the time of the initial permit application,a portion of the surface facilities was located
within 100 feet of the outside right-of-way of old State Highway 133. The location of
these facilities extended from the old Bowie town site to about 500 feet east of the old
Bowie power plant.
The Division published a newspaper notice in the Delta County Independent,which
specifically advised the public of this situation and which 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 BRL specifically allowing
such activities within 100 feet of the highway. This letter is contained in Volume 111,
Exhibit 14 of the PAP.
The proof of publication and the Department of Transportation letter are contained within
the Division's correspondence files for the Bowie No.2 Mine permit application.
Volume III, Exhibit 13 of the permit application also contains a copy of the Colorado
Department of Transportation State Highway Access Permit granted for the Bowie No. 2
Mine;
Through Permit Revision No. 3,BRL obtained approval to 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 all of the issues contained in Permit Revision No. 3. 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 contains the two new 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 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,
13