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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />DATE: December 10, 2007 <br />TO: Dan Hernandez <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAF ETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />FROM: Joe Dudash ~ ~ Division Director <br />Natural Resource Trustee <br />RE: Bowie No. 2 Mine, Permit No. C-1996-083, Bowie Resources LLC <br />Notice ofViolation CV-2007-006, Proposed Civil Penalty Assessment, <br />Additional Information <br />In a memo to you dated December 4, 2007, I requested your assistance in the assessment <br />of the proposed civil penalty for Notice of Violation (NOV) CV-2007-006, issued to <br />Bowie Resources LLC (Bowie) for the Bowie No. 2 Mine. This memo is to update the <br />information concerning the abatement of the NOV. <br />There were two abatement steps for NOV CV-2007-006, one dealing with the topsoil-like <br />material and the other dealing with the excess rock. The first abatement step was to <br />transport the topsoil-like material from the Paonia Water Pollution Control Facility back <br />to the Hubbard Creek vent shaft construction site for storage or to another topsoil storage <br />area approved by the Division through a minor revision. Field Minor Revision No. 84 <br />was approved so that the topsoil-like material from the Paonia facility or from the <br />Hubbard Creek vent shaft construction site could be stockpiled at the Bowie No. 2 unit <br />train loadout main topsoil stockpile. The due date for abatement of step one was 5 pm on <br />November 23, 2007. During my field inspection of the Bowie No. 2 Mine on December <br />5, 2007, I verified that the topsoil-like material had been transported to the Bowie No. 2 <br />unit train loadout topsoil stockpile. <br />The second abatement step was to transport the excess rock to the Bowie No. 1 Mine as <br />approved in Minor Revision No. 83 or obtain Division approval through a technical <br />revision to keep the excess rock at the Paonia facility. The due date for abatement is 5 pm <br />on December 17, 2007. The operator has submitted a technical revision to keep the <br />excess rock at the Paonia facility. <br />The proposed civil penalty assessment is due on Monday, December 17, 2007. <br />If you need any additional information, please let me know. Thanks for you assistance. <br />cc: Sandy Brown <br />c:/word/bowie2/nov2007006pcpmemo2 <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />