2008-02-13_ENFORCEMENT - C1996083

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J. E. STOVER & ASSOCIATES, INC. P.O. BOX 60340 GRAND JUNCTION, COLORADO 81506 PHONE: (970) 245-4101, FAX 242-7908 MINE ENGINEERING MINE RECLAMATION CIVIL ENGINEERING CONST. MANAGEMENT February 11, 2008 J. J. Dudash Division of Reclamation, Mining & Safety 1313 Sherman St., Room 215 Denver, CO 80203 ~!~t~~l~lE~ F `3 •} ~~ 2008 ,,,cation, a~• , ~,,;;~ Safety ,~ . _ Re.:_ _ Bowie Resources, .LLC, Ba~arielVo_ 2.Min.e____ _ _ _ _ _ _ . _. _ - .~ _ _ __ ~__ Excess Rock, NOV CV-2007-006 Extend Abatement Deadline Permit C-1996-083 Dear Mr. Dudash: The referenced notice of violation was written for failure to confine surface coal mining and reclamation operations to lands within the permit area. The final abatement to deadline was extended to 5 p.m. February 14, 2008. One of the abatement steps is to transport the excess rock from the Paonia water pollution control facility to the Bowie #1 Mine as approved in MR-83 or obtain Division approval through a technical revision to keep the excess rock where it is. By letter dated December 5, 2007, BRL submitted a technical revision application (TR-51) to the DRMS to obtain approval to keep the excess rock at the Paonia water pollution control facility. DRMS deemed TR-51 complete by its letter dated December 20, 2007. DRMS sent its adequacy review to BRL by its letter dated January 11, 2008. BRL responded to the DRMS' adequacy review by letter dated February 4, 2008. The DRMS informed BRL that all of the adequacy review information has been submitted and accepted. The DRMS needs additional time to finish the adequacy review, prepare a proposed decision, publish and go through the public comment period. Since the abatement deadline is only three days away and for the reasons explained above, please extend the abatement deadline for the referenced NOV until Monday, March 3, 2008. Sincerely, ~~ - J. E. Stover, P.E. Consulting Engineer cc: Wm. A. Bear, Jr.