2010-11-16_GENERAL DOCUMENTS - C1996083

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Proposed Decision The Colorado Division of Reclamation, Mining and Safety proposes to Approve with one stipulation an application for a permit revision to revise coal mining operations. The application was submitted by BRL for the Bowie No. 2 Mine. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program, as found in the Colorado Surface Mining Reclamation Act, C.R.S. 34-33-101 et. seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. The original permit to conduct coal mining operations was issued on April 4, 1997. The Division is in possession of a reclamation bond in the form of cash and corporate sureties whose combined value is in excess of the amount of the estimated reclamation bond liability. The permit renewal application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these stipulations were complied with when BRL secured the necessary permits and approvals. Stipulation No. 5 was attached to Minor Revision No. 4 and was complied with when BRL performed the required action. Stipulation No. 6 had been attached to Minor Revision No. 5 and was complied with when BRL submitted the required revised maps and permit application text. Stipulation No. 7 was attached to the decision for Permit Revision No. 2. Approval of Permit Revision No. 4 was conditioned on three new stipulations, Nos. 8, 9 and 10. For the approval of Permit Revision No. 5, Stipulations Nos. 7 and 8, and new compliance issues brought up during the review of PR-05, were combined into a new stipulation, Stipulation No. 12. Stipulation No. 12 was modified later for PR-07 and for PR-08. Stipulations Nos. 7 and 8 were, subsequently, terminated. Stipulation No. 9 was revised when BRL modified its D-2 coal seam mine plan. When PR-10 became final, Stipulation No. 9 was terminated. Stipulation No. 10 is still active. 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.