2008-11-24_GENERAL DOCUMENTS - C1996083

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BRL modified its D-2 coal seam mine plan. However, the stipulation was not terminated in case BRL planned to mine the B-2 coal seam to within one mile of the Bruce Park Dam, which is the case in PR-10. When PR-10 becomes final, Stipulation No. 9 can be terminated. Stipulation No. 11, attached to Field Minor Revision No. 17, was complied with when BRL supplied the required permit text. Stipulation No. 12 involved the Applicant Violator System computer check and was terminated. Stipulation No. 13 was added to the decision for Permit Revision No. 6. Stipulation No. 13 was terminated upon submission of the requested permits. Stipulation No. 14 was attached to the decision for Permit Renewal No. 1 and was complied with when the Colorado Division of Wildlife accepted the revegetation plan to substitute shrub clumps for a woody plant density standard in Technical Revision No. 46. Stipulation No. 15 was attached to Technical Revision No. 27 and required the submittal of air emissions permits for the coal preparation wash plant. Upon submittal of the air emissions permits, Stipulation No. 15 was complied with. Stipulation No. 16 was attached to TR-30 and required a geotechnical report showing that the factor of safety for gob pile no. 2 was 1.5 or greater. When BRL failed to submit the required geotechnical report, Notice of Violation CV-2005-002 was issued and Stipulation No. 16 was terminated. Stipulation No. 17 was attached to Technical Revision No. 30 and required the submittal of the NPDES permit, air emissions permits, the Section 7 consultation with the USDA-Forest Service and an agreement from the Deer Trail Ditch Company before coal waste disposal site no. 2 could be constructed or before there was any discharge from Pond F. Upon submittal of the documentation, Stipulation No. 17 was complied with. Technical Revision No. 31 was approved with Stipulation No. 18 attached. This stipulation required the submittal of a rockfall report and the construction of a rockfall berm above the facilities area before the mine plan change in the west district could be implemented. Stipulation No. 18 was complied with. Stipulation No. 19 was attached to Technical Revision No. 34 and required the submittal of the necessary air emissions permits before the B-2 coal seam portal bench upland conveyor could be used. The air emissions permits were submitted so Stipulation No. 19 was terminated. Stipulation No. 20 was attached to Succession of Operator No. 2 and required the resolution of one AVS issue before the permit could be transferred from Bowie Resources Limited to Bowie Resources LLC. Stipulation No. 20 was terminated. Also attached to Succession of Operator No. 2 was Stipulation No. 21. This stipulation required proof that the BLM coal leases were transferred from Bowie Resources Limited to Bowie Resources LLC. Stipulation No. 21 was complied with. Stipulation No. 22 was attached to Field Minor Revision No. 52 and required a permit text revision to reflect that BRL could use a pump on a temporary basis to dewater pond B. With the submittal of the permit text changes, this stipulation was complied with. The use of the pump for pond B became permanent through Technical Revision No. TR-38. The approval of the relocation of one gob vent borehole through Field Minor Revision No. 61 was contingent on the resolution of Stipulation No. 23. This stipulation was complied with when the permit text, map and reclamation cost estimate were submitted. Stipulation No. 24 was attached to Technical Revision No. 45 and requires the submittal of permits from CDOT and the Bureau of Reclamation before the elevated conveyor to gob pile no. 3 can be constructed. However, in TR-49 BRL is proposing to use a haul road instead of constructing the elevated conveyor. Therefore, when TR-49 is final, Stipulation No. 24 can be terminated. Field Minor Revision No. 84 had