2008-11-24_REVISION - C1996083 (6)

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mitigation program, protection of Dove Cave from subsidence effects, a threshold notification program, down gradient baseline and point of compliance ground water monitoring and a mine water inflow monitoring plan under Hubbard Creek. All of the PR-10 issues have been resolved. In a letter dated April 18, 2007, the USDA-Forest Service stated that BRL adequately addressed all of that agency's concerns and recommended that PR-10 be approved. Also, in a letter dated August 12, 2008, the Colorado Division of Water Resources Dam Safety Group (Montrose) found BRL's PR-10 responses to be acceptable. Finally, the Terror Ditch and Reservoir Company, in a letter dated September 30, 2008, withdrew its opposition to PR-10. The proposed decision to approve PR-10 will be published in the Delta County Independent once a week for two consecutive weeks. If no formal board hearing request is received, the proposed decision to approve PR-10 will become final. Description of the Environment The Bowie No. 2 coal mine permit area includes 5305 surface acres, of which 2612 surface acres are privately owned and 2693 acres are federally owned. The coal and the surface lands within the present permit area are both federally and privately owned, as are the surface areas that have been disturbed by surface developments. The total approved disturbed area by surface operations is 294.9 acres. The Bowie No. 2 Mine is located in Delta County, approximately five (5) miles northeast of Paonia, Colorado. The mine permit area is located on lands depicted on the U. S. Geological Survey 7.5 minute Bowie Quadrangle Map, and the Bowie No. 2 mine portals are located northwest of the Old King Mine portals (also known as the Bowie Mine). The surface facilities are located north and south of Old State Highway 133 near the old townsite of Bowie. The mine is located between Terror Creek and Hubbard Creek. A portion of the surface facilities is within 100 feet of the outside right-of-way of old State Highway 133. The location of these facilities extends from the old townsite of Bowie to about 500 feet east of the old Bowie power plant. The original Bowie No. 2 Mine permit application indicated that mining would be conducted using the room and pillar mining method. Permit Revision No. 3 changed the mining method to longwall mining but kept the rate of production at two million tons per year. Approval of Permit Revision No. 3 increased maximum mine production to five million tons per year. Approval of Permit Revision No. 6 increased coal production to 6 million tons per year. Approval of Permit Revision No. 7 permitted the construction of portals and facilities to mine the B-2 coal seam. The five year B-2 coal seam mine plan was approved through Permit Revision No. 8. Current mining is in the B-2 coal seam. Approval of PR-10 will extend the B-seam mine plan to the north. Detailed information regarding the Bowie No. 2 Mine and BRL is located in the ten (10) binders which comprise the Bowie No. 2 Mine permit application document. Land Use and Cultural and Historic Resource Information - Detailed information regarding land uses and cultural and historic resources within the Bowie No. 2 Mine permit area is provided in Sections 2.04.3 and 2.04.4 of the permit application document. A brief summary is provided below, and this summary is derived from the information presented within Sections 2.04.3 and 2.04.4 of the permit application document. The Bowie No. 2 Mine permit and adjacent area includes a mix of land uses. The lower elevation areas are used for pasture, orchards, residential and industrial uses. Approval of Permit Revision No. 6 added hayland to the list of permit area land uses. Agricultural uses are served by irrigation water. The higher 12