2010-10-15_REVISION - C1981038 (3)

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traffic more efficiently at the train loadout, Technical Revision No. 33 was submitted to widen a section of the haul road within the train loadout area. Because the Bowie No. 2 Mine was shipping coal out from the Bowie No. 1 train loadout, members of the public requested that the Bowie No. 1 train loadout be transferred into the Bowie No. 2 Mine permit. With the approval of TR-35, the train loadout at the Bowie No. 1 Mine was removed from the Bowie No. 1 Mine permit. In the meantime, however, the Bowie No. 2 train loadout was built. Therefore, BRL decided to transfer the Bowie No. 1 train loadout back into the Bowie No. 1 Mine permit. This was done in Minor Revision No. 108. In Technical Revision No. 37, BRL revised the sediment control system at the West Mine to include two new sediment ponds in series. This revision, approved in October of 2001, was needed so that adequate sediment control would be in effect during backfilling and grading reclamation of the West Mine portal bench. Two other revisions were approved that were related to the backfilling and grading of the West Mine portal bench, Technical Revision No. 42 was approved to include a slope stability study to show that the reclaimed slope would attain a factor of safety of at least 1.5. Also, Technical Revision No. 43 was approved to revise the West Mine road reclamation plan and to clarify the compaction standard for backfilling and grading at the site. The submittal for Permit Renewal No. 4 (RN-04) was called complete by the Division on September 25, 2002. The proposed decision to renew the permit for the Bowie No. 1 Mine was originally made on December 30, 2003. However, an amended proposed decision was necessary due to a readjustment of the reclamation cost estimate. The amended proposed decision for RN-04 was made on April 9, 2004. The renewal became final on June 4, 2004 with an issuance date of April 20, 2003. A revision for the transfer of the permit and a succession of operator (SO-4) was received by the Division on December 31, 2003. The transfer became final on November 4, 2004. The new applicant and operator became Bowie Resources LLC. In Minor Revision No. 107, the seed mix and mulching technique for reclamation was revised to conform to the same standards for the West Mine. This revision was approved in February 19, 2004. With the approval of Technical Revision No. 45 on January 10, 2005, BRL reduced the subsidence monitoring program at the Bowie No. 1 Mine. In Technical Revision No. 46, approved on September 2, 2005, the requirement for quarterly inspections by the operator of the old coal waste disposal site was terminated. With the final approval of SL-2 on August 10, 2004, BRL received a partial Phase One bond release for structural demolition and backfilling and grading work at the West Mine and structural demolition at the East Mine. In a submittal dated June 26, 2007, BRL applied for a partial Phase One Bond Release (SL-3) for structural demolition and removal at the Bowie No. 1 unit train loadout. The entire reclamation project took place from September of 2006 to January of 2007. The bond release inspection was held on September 5, 2007 and $1,136,354.00 was released. With submittals dated August 28, 2007 and September 10, 2007, the Bowie No.1 Mine received the right of successive renewal and Permit Renewal No. 5 was called complete on September 17, 2007. Included with the second submittal was a threatened & endangered species inventory. This inventory was forwarded by the Division to the Office of Surface Mining on December 13, 2007, with a request to enter into section 7 consultation with the U.S. Fish & Wildlife Service. In a letter to the Division dated December 20, 2007, the Office of Surface Mining concluded that previous section 7 consultations and biological opinions would suffice and that no further consultation would be needed for the permit renewal. The new liability for Permit Renewal No. 5 was calculated to be $4,123,457.14. However, because of Partial Phase One Bond Release No. 3 (SL-3),