ENFORCE21297

• Permit No: C1996083
• IBM Index Class Name: Enforcement
• Doc Date: 5/2/2005
• Doc Name: Extension of Abatement Deadline Beyond 90 Days Memo
• From: JJD
• To: RWC
• Violation No.: CV2005002
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St, Room 215 C O L O RA D O
Denver, Colorado 80203 D I v 1 5 1 o N o r
Phone: [phone] MINERAL S

FAX: [phone] Ci E C+ L O G Y
INTEROFFICE MEMORANDUM 0.EC LAM ATION•NINING
EAFETY•SCIENCE
Bill Owens
DATE: May 2, 2005 Governor
Russell George
TO: Ron Cattany Executive Director
Ronald W. Canany
FROM: Joe Dudash Division Director
Natural Resource Trustee
SUBJECT: Bowie No. 2 Mine, Permit No. C-96-083, Bowie Resources LLC
Notice of Violation No. CV-2005-002
Extension of Abatement Deadline Beyond 90 Days
In a letter dated April 29, 2005, Bowie Resources LLC requested a 45 day extension to the abatement date for
Notice of Violation No. CV-2005-002. This notice of violation was issued on February 1, 2005 so the granting
of an abatement extension request past May 2, 2005 needs the approval of the Division Director. The requested
extension would be to June 16, 2005. Rule 5.03.2(2)(c) of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining permits the extension of notice of violation abatement dates past 90 days
from issuance provided that one or more stated conditions apply.
Notice of Violation CV-2005-002 was issued for failure to provide a geotechnical analysis that demonstrated
that the factor of safety of the in-place and proposed coal mine waste bank no. 2 is 1.5 or greater using site
specific characteristics of the in-place coal waste. The submittal of the geotechnical report was required through
Stipulation No. 16 and was due before [he first coal mine waste bank lifr reached one half to three fourths of the
design height. Bowie Resources LLC did provide a geotechnical report on coal mine waste bank no. 2 but it was
not based on in-place coal waste material. Therefore, the Division issued the notice of violation.
Bowie Resources LLC provided a geotechnical report dated March 17, 2005 that satisfied the requirements of
the notice of violation. However, the geotechnical report stated that, in order to maintain the factor of safety of
at least 1.5, the outslopes of the second and subsequent lifts needed to be flattened from 2.SH:1 V to S.OH: I V.
The operator has begun this grading work but will need additional time to complete the project. [n the operator's
request for an abatement extension, it was stated that the delay in the starting of the grading work was due to a
wet winter and spring. Additionally, the operator expressed safety concerns in grading a wet, steep slope. My
recent monthly field inspections support the operator's contentions.
The specific rule that applies in this case is Rule 5.03.2(2)(c)(iv), which states that abatement periods of more
than ninety days may be allowed "where climatic conditions preclude abatement within 90 days, or where, due
to climatic conditions, abatement within 90 days clearly would cause more environmental harm than it would
prevent". Therefore, the Division requests that Bowie Resources LLC's extension request for the abatement
deadline for Notice of Violation No. CV-2005-002 to June 16, 2005 be granted. Attached is an Extension of
Time for Abatement Notice form for your signature. Please let me know if you need additional information.
Enclosure
cc: Sandy Brown (without enclosure)
David Berry (without enclosure)
c:/word/bowie2/nov2ext90day 1
Office of Office of Colorado
Mined Land Reclamation ARive and fnanive Mines Geological Survey