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The Division made its proposed decision to approve TR-46 on September 2, 2005. The public notice that <br />announces the Division's proposed decision will be published on September 7, 2005 in the Delta County <br />Independent. If no requests for a formal hearing with the Mined Land Reclamation Board to object to the <br />proposed decision are received within 10 days afrer the publication date, the Division's decision becomes <br />final. <br />Rationale For Proposed Decision <br />In making its decision for TR-46, the Division considered the final volume of 25,524 cubic yards of coal <br />waste at the reclaimed old coal waste disposal site to approximate the 25,000 cubic yard limit stated in the <br />original findings stipulation. This determination was based on the fact that the operator used the number <br />of haul truck loads in estimating the volume of coal waste placed at the disposal site. This estimate can be <br />misleading for two reasons. First, the haul truck carries uncompacted material to the disposal site whereas <br />the material is, then, placed at the site and compacted. Therefore, the volume of material compacted at the <br />disposal site would be less than it was when in the haul truck. Second, it is not know how full each haul <br />truck actually was during disposal operations. <br />Considering the approximate nature of the measuring technique and that 25,524 cubic yards is only two <br />percent over 25,000 cubic yards, the Division feels comfortable in its determination that the stipulation <br />threshold volume was not exceeded. Therefore, only Rule 4.10.4(3) concerning lift thickness and <br />compaction applies to the reclaimed old coal waste disposal site. As mentioned previously, the Division's <br />review of the quarterly inspection reports shows that the reclaimed old coal waste disposal site is in <br />compliance with Rale 4.10.4(3). <br />Also in making its decision, the Division considered the stability of the reclaimed old coal waste disposal <br />site. The results of the operator's quarterly inspections and the Division's inspections of the reclaimed old <br />coal waste disposal site throughout the years show that the disposal site has been geotechnically and <br />erosionally stable since final reclamation operations were completed in 1988. Because of this stability <br />over many years and because the disposal pile is small in size, the Division feels that any further testing <br />of the coal waste pile would cause more harm than good. <br />Finally, the Division's proposed decision would allow termination of the mine operator's quarterly <br />inspections. The Division would still be making its monthly inspections ofthe mine site and the mine <br />operator would still be liable if any problems arise. <br />Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve Technical Revision No. 46 for the <br />Bowie No. 1 Mine. This decision is based on a finding that the operations will comply with all <br />requirements of the Colorado State Program, as found in the Colorado Surface Mining Reclamation Act, <br />C.R.S. 34-33-101 et. seq., and the Regulations promulgated pursuant to the Act. Bowie Resources LLC <br />has a valid, existing permit to conduct coal mining operations at the Bowie No. I Mine. The technical <br />revision application and all supporting documentation will became a binding part of the permit. <br />c:\word\bowie2\tr46 Bowie #1 Findings <br />