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iii iiiiiiiiiiiii iii 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depanmem of Nzlurzl Resources 1313 Sherman 51., Room 215 ~{yt Denver, Colorado 80203 Illy Phone: (3011 866 3 567 FA%: (3031 832 8106 DEPARTMENT OF DATE: September 8, 1997 NATURAL RESOURCES Roy Romer Governor lames 5. Lochhead Eaeculrve Duecror TO: Larry Routten Michael B. Long Division Director FROM: Joe Dudash RE: Proposed CiJil Penalty Assessment, NOV CV-97-013, Bowie No. 2 Mine, Permit No. C-96-083, Bowie Resources Limited. As we had discussed previously, I am requesting your assistance in assessing the civil penalty for NOV CV-97-013. This NOV was issued on August 12, 1997. The operator chose not to supply additional comments. The deadline for notifying the operator of the proposed civil penalty is September 11, 1997. The facts concerning this NOV are as follows: On July 21, 1997, the Division received a letter from Mr. Douglas Frazier, a landowner who lives adjacent to and rents residences adjacent to the Bowie No. 2 Mine. In that letter, Mr Frazier stated that one of his renters, Mr. Terry Rugh, complained to him that flyrock from a July 18, 1997 blast at the Bowie No. 2 Mine had rained down upon the house and nearby orchard. 2. On July 21 and 22, 1997, Bill Carter of the Division inspected the Frazier house that was being rented to the Rugh family and interviewed Mr. and Mrs. Rugh. Bill stated that he found no evidence of any flyrock anywhere on the Frazier property that was being rented by the Rugh's. Bill also visited the Martinez residence, which is another renter of Frazier's. On July 24, 1997, Bill inspected the blast site at the Bowie No. 2 Mine. 3. I interviewed by telephone several people who live near the Bowie No. 2 Mine. David Berry interviewed several people at the minesite who were involved with the blast.