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<br /> <br />STATE OF III IIIIIIIIIIIII III <br />COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl ol <br />Nalural Resources <br />1313 Sherman SL, Room 21 5 <br />; <br />Denier, Colorado 80203 I~~~~ <br />P hone: 13 (131 866-3 567 <br />FAx. 13031 A3_-A106 <br /> DEPARTMENT OF <br /> T <br />U <br />R <br />e <br />DATE: September 8, 1997 ~S <br />OD <br />R <br />C <br />ES <br /> Rny Romer <br /> Governor <br /> lames S. Lochhead <br /> E.ecmrve Dueclor <br />TO: Larry Routten Mfchae~ a Long <br /> Division Direclar <br />FROM: JoeDudash 1~~ <br />RE: Proposed Civil Penalty Assessment, NOV CV-97-0 14, Bowie No. 2 Mine, <br /> Permit No. C-96-083, Bowie Resources Limited. <br />As we had discussed previously, I am requesting your assistance in assessing the civil <br />penalty for NOV CV-97-014. This NOV was issued on August 14, 1997. The operator <br />chose not to supply additional comments. The deadline for notifying the operator of the <br />proposed civil penalty is September 13, 1997 (Saturday). The facts concerning this NOV <br />are as follows: <br />On August 1, 1997, personnel representing Bowie Resources Limited met with <br />representatives of [he Division. This meeting had been requested by Bowie <br />Resources. At that meeting, Bowie Resources informed the Division that an in- <br />the-field decision had been made by Bowie Resources to revise the design of the <br />facilities area configuration. One of the design changes involved the conversion <br />from two separate benches for the portal area and the coal stockpile area, to a <br />larger, single bench. However, as Bowie Resources stated to the Division, Bowie <br />Resources chose to initiate the construction of the larger, single bench prior to <br />obtaining the necessary approval from the Division for the change to the mine <br />plan. The Division requested additional information from the operator concerning <br />the single portal bench design. <br />2. On August 11, 1997, Bowie Resources submitted certified drawings and cross <br />sections of the single portal bench designs and construction work. A review of the <br />certified drawings and cross-sections supplied by Bowie Resources, coupled with <br />an examination of aerial photographs taken by the Division on July 15, 1997, <br />confirmed that cut and fill operations had been initiated without Division approval. <br />