2008-04-03_REVISION - C1981038 (2)

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.~ I N REFLY REFER TO: March 24, 2008 Ronald W. Cattany, Director OFFICE OF SURFACE MINING Reclamation and Enforcement P.O. Box 46667 Dem~er, Colorado 80201-6667 Division of Reclamation, Mining, and Safety (DRMS) 1313 Sherman Street, Room 215 Denver, CO 80202 RFcE~~O fvi Mi~9 a~ c/ama~~ Safety , RE: Bond Release (SL-3-Partial Phase I Bond Release), Bowie Resources LLC, Bowie No. 1 Mine. Permit No.C-1981-038, DRMS Proposed Decision and Findings of Compliance, February 22, 2008 Deaz Mr. Cattany: This letter acknowledges the Office of Surface Mining Reclamation and Enforcement (OSM), Western Regional Office (WR), Denver Field Division`s (DFD) receipt and review of the above Proposed Decision and Findings document prepared by the Division of Reclamation, Mining and Safety (DRMS) dated February 22, 2008.. DFD agrees with the findings in the decision document and hereby provides OSM concurrence for the above liability release action in accordance with 30 CFR 740.15 (d) (3), and 30 CFR 906.30, Article IX, Section 24, of the State-Federal Cooperative Agreement. A thorough summary of previous bond release actions and the operational and reclamation history of the mine aze accurately captured in the above DRMS Proposed Decision. Public and landowner notification< of the bond release provided by the permittee Bowie Resources, LLC (BRL), the bond release inspectior. notifications provided by DRMS , DRMS's findings for the bond release inspection aze also documented in the Proposed Decision and related correspondence. DRMS conducted the bond release inspection required at Colorado Rule, Section 3.03.2 (2) on September 5, 2007. OSM, the Bureau of Land Management (BLM), the applicable surface landowners, and adjacent landowners were notified of the bond release inspection. BRL and DRMS, representatives participated in the bond release inspection. OSM and BLM elected not to attend the inspection. OSM has participated in previous partial phase I bond release inspections at this site. OSM has reviewed the resulting DRMS inspection report and associated correspondence. BLM concurred with the proposed decision in a letter dated March 20, 2008 (copy enclosed). DRMS has not received any public or government agency comment regarding this SL-3 bond release application. Structural demolition of the structures and facilities at the train loadout occurred on private land owned by the permittee, BRL. DRMS's Proposed Decision documents the applicant's compliance with the Colorado approved regulatory program at Rule 3.03.2, and DRMS's bond release guidelines dated April 18, 1995. Bond release criteria found in the above regulatory provisions have been met or exceeded by the permittee. The approved structural demolition and removal or burial of demolished materials from the train loadout has been partially implemented, and surface water runoff control has been demonstrated to be in compliance with the approved DRMS mining permit and DRMS regulations. RECEIVED ~~ KM ER iCA~'~ MAR 2 7 2008 Division of Reclamation. Mining and Safety United States Department of the Interior ~~ ` ~~~~~