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2 <br />Permit Materials at the Delta County Courthouse <br />As you are aware, the requirement that coal mine operators make copies of <br />proposed permit plans available for public review is a legal obligation. Failure to <br />comply with this requirement would place a permittee out of compliance. <br />Therefore, the Division investigated the question of whether permit records were <br />available for public review in order to determine if a Notice of Violation should be <br />issued. Based on our investigation, we have determined that a Notice of <br />Violation is not warranted because it appears that the required records were at <br />the courthouse. However, in an effort to avoid future problems with the <br />availability of records, the Division sent copies of Bowie's PR-02, PR-03 and <br />portions of the approved permit to the Paonia Library via Federal Express <br />yesterday. <br />Here is a summary of our investigation into the availability of records. On July <br />13, the Division received a phone message from Sandra Higman indicating that <br />the PR-03 application was not on file at the Clark and Recorders Office in Delta. <br />On the morning of July 14, an inspector from our office visited the Clerk's office <br />and located a copy of PR-03. He then informed Ms. Higman that those records <br />were at the courthouse. <br />Yesterday (July 17) we received your letter, along with copies of letters from Ms. <br />Higman and Robin Nicholoff. I spoke with an employee in the Clerk's office and <br />with Jim Stover, the consultant for Bowie who handles their permitting work <br />yesterday. The Clerk's office indicated that an envelope which had been <br />attached to a box, and which Ms. Higman observed earlier, had been mailed to <br />the office on or about July 15. Mr. Stover mailed a binder containing Bowie <br />permit materials not related to PR 2 or 3 to the Clerk" office on July 14. It <br />appears that the envelope which Ms. Higman presumed was mailed to the <br />Clerk's office in mid-July along with PR-03 records actually accompanied another <br />mailing from Mr. Stover. <br />Mr. Stover's records indicate that he personally delivered copies of PR 2 and 3, <br />along with a copy of the Bowie No. 2 mine permit, to the Clerk's office on May 18, <br />1999. PR 2 was deemed complete by this office on May 14, 1999. Bowie's first <br />public notice of the application was published on May 24, 1999. PR 3 was <br />deemed complete by this office on May 27, 1999. Bowie's first public notice of <br />the application was published on June 9, 1999. So, it appears that Mr. Stover <br />placed the required permit materials in the Clerk's office prior to public notice of <br />either of the permit revisions. Consequently, Bowie Resources Ltd. met the <br />