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reconstruction of Curve 11 on the main mine haul road. One member of that crew was the man who had been the <br />superintendent of the 2008 reclamation work at the East Mine. Basil Bear, of BRL, pulled him off of the Curve 11 project <br />to attend our on-site meeting, and then directed him to begin abatement work immediately on the haul road, rather than <br />return to Curve 11 that day. <br />I do not have details about extra hours or overtime, but the proactive approach taken by BRL to immediately adjust <br />priorities and ensure that the risk of additional off-site sedimentation would be substantially reduced (it was Friday, and <br />therefore important to improve the situation prior to the weekend) can be considered "extraordinary". <br />I will contact BRL regarding hours or overtime, if you need that information as well. <br />Marcia <br />Marcia L. Talvitie <br />Environmental Protection Specialist <br />DRMS Durango Field Office - Coal Program <br />Phone: (970) 247-1184 <br />Fax: (970) 247-5104 <br />From: Hernandez, Daniel <br />Sent: Friday, March 27, 2009 7:41 AM <br />To: Talvitie, Marcia <br />Cc: Brown, Sandy; Berry, David <br />Subject: RE: Draft Proposed Civil Penalty -- Bowie No. 1 Mine -- NOV CV-2009-001 <br />Hi Marcia -- <br />What was "extraordinary' about the work done to abate the NOV? "Extraordinary" is the word in the regulation <br />[5.04.5(3)(d)] pertaining to one of three items of which all thee must be met in order for good faith credit to be considered. <br />Simply meeting the abatement deadline isn't necessarily "extraordinary". <br />What measures above and beyond normal everyday operations, equipment, and personnel did the operator implement to <br />meet the NOV abatement deadline? Did the operator hire outside help or contractors? Did the operator pull any <br />staff/workers off their normal duties to pitch in and help the road/ditch maintenance workers meet the deadline? Did staff <br />work extra hours or overtime to abate the NOV? <br />Thanks, <br />Dan <br />Danie(I. Hernandiz <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St, Room 215 <br />Denver, CO 80203 <br />New Phone Number: 303-866-3567 ext 8126 <br />Fax: 303-832-8106 <br />Website: www.mining.state.co.us <br />From: Talvitie, Marcia <br />Sent: Friday, March 27, 2009 6:00 AM <br />To: Hernandez, Daniel; Brown, Sandy <br />Cc: Berry, David <br />Subject: RE: Draft Proposed Civil Penalty -- Bowie No. 1 Mine -- NOV CV-2009-001 <br />Thank you, Dan. Regarding the "good faith" portion of the proposed penalty: I may have failed to mention that when I <br />met on-site with the operator the morning of Friday, February 27th, to issue the NOV, he was accompanied by the <br />superintendent of the reclamation work. He directed the contractor to fire up the motor grader and begin the work of <br />blading the haul road and reestablishing the ditches immediately. I believe that this quick action on their part <br />represented good-faith effort.