2009-03-27_ENFORCEMENT - C1981038 (2)

Home Browse Search

Hernandez, Daniel From: Hernandez, Daniel Sent: Friday, March 27, 2009 9:16 AM To: Talvitie, Marcia Cc: Brown, Sandy; Berry, David Subject: RE: Draft Proposed Civil Penalty -- Bowie No. 1 Mine -- NOV CV-2009-001 Thanks Marcia. That BRL pulled a contract employee off the Bowie #2 Curve 11 project to abate the NOV at Bowie #1 is sufficient to warrant some level of good faith credit. Now let's work together on determining how much credit to give them. It would help the company obtain a larger amount of good faith credit if I knew whether anyone worked after hours, on overtime, on the weekend, or called off vacation plans to pitch in and help abate the NOV. It would also help me to know how many folks helped to abate the NOV that would normally be doing other things. In other words, was it just the one person that was pulled off of the Curve 11 Project that did all the NOV abatement work? Or were more folks involved that would normally have been doing other things? I didn't see in the NOV that cleaning out the sediment from the Steven's Gulch Road ditch was an abatement step. Do you if this was done? If so, was it done by someone with the company, or by a contractor? If this was done, how quickly was that accomplished? I noticed in Joe's inspection report of 3/17/09 that he commented, "A design drawing and digital images of the complete work had been e-mailed to the Division on March 5, 2009". The only e-mail in the NOV file folder from the company to the Division is one dated 3/10/09, followed up by another one from the company to the Division dated 3/15/09. Could you forward me the e-mail dated 3/5/09? I'm interested in seeing the "design drawing" that Joe mentioned. Do you know if the company hired someone other than a mine employee to develop this drawing? And was drawing developed before the abatement work was done, or after? Finally, do you know from any other communication (phone call logs, other e-mails, etc) with the company whether the work was actually done sooner that March 5, 2009? In other words, was March 5 the day the work was finally completed, or was it completed sooner than March 5, and March 5 was the day the company first informed you they were done? Thanks! Danie[L Hernan&z Daniel I. Hernandez Senior Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman St, Room 215 Denver, CO 80203 New Phone Number: 303-866-3567 ext 8126 Fax: 303-832-8106 Website: www.minina.state.co.us From: Talvitie, Marcia Sent: Friday, March 27, 2009 8:12 AM To: Hernandez, Daniel Cc: Brown, Sandy; Berry, David Subject: RE: Draft Proposed Civil Penalty -- Bowie No. 1 Mine -- NOV CV-2009-001 Hi Dan, Thank you for the questions - I will elaborate, with the information currently available to me. Significant reclamation activities at the Bowie No. 1 East Mine were conducted in 2008 on behalf of Bowie Resources, LLC (BRL) by ConSy, Inc., a heavy equipment contractor from Grand Junction. The remainder of the reclamation work, to be accomplished this year, had not yet commenced as of the week of my inspection. (Equipment had been left at the site over the winter, but no crew was present.) Thankfully, Bowie did have a separate crew from ConSy at the Bowie No. 2 Mine in February, finishing up the