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J. E. STOVER & ASSOCIATES, INC. <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />April 29, 2005 <br />J. J. Dudash <br />Division of Minerals & Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Bowie No. 2 Mine <br />Technical Revision <br />Permit C-96-083 <br />Dear Mr. Dudash: <br />No. 36, NOV CV-2005-002 <br />RECEIVEp <br />P~"' az zoo5 <br />Division of Minerals S GepI~9Y <br />CNIL ENGINEERING <br />CONST. MANAGEMENT <br />On February 1, 2005, the DMG issued a notice of violation to Bov~ie Resources, LLC, for failure <br />to provide a geotechnical analysis that demonstrates the factor of safety of the in place and <br />proposed coal mine waste bank no. 2 is 1.5 orgreater using site specific characteristics (moist <br />unit weight) and strength parameters of cohesion and angle of internal friction from coal <br />processing waste material that have been placed on the coal mine waste bank no. 2. <br />The steps necessary to abate the violation were to provide a geotechnical analysis that <br />demonstrates the factor of safety of the in-place and proposed coal mine waste bank no. 2 is 1.5 <br />orgreater. The required geotechnical analysis was transmitted to the DMG by letter dated <br />March 17. 2005. <br />The results of the stability study required that the slopes of the refuse pile be no steeper than <br />5h:1 v with 15' wide terraces on 50' intervals with the first 50 foot bench sloped no steeper than <br />2.5h:1 v. /''~~ <br />Although Bowie satisfied the abatement steps listed in the uolation, the ivD i~ considers the <br />reconfiguration of the refuse pile slopes to be an additional abatement step. Bowe has started <br />flattening the refuse pile slopes but the work is not complete. The work is not complete because <br />the surface layer on the refuse pile slopes was saturated during the winter and spring. <br />Therefore, work could not be performed on the slopes until just recently. During the last week, <br />rain has further delayed the slope flattening project. Additionally, working on a saturated slope <br />surface with a track type dozer could result in loss of control of the equipment which could <br />endanger the heavy equipment operator. <br />Bowie expects to have the slope flattening project complete within the next 45 days. Please <br />extend the abatement deadline for the referenced NOV 45 days. <br />Sin~ly <br />J. E.. e <br />Consulting Engineer <br />cc: Wm. A. Bear, Jr. <br />