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nearly seven years, for a permit to be issued. Bowie is hopeful a permit will be issued <br />this year, but has no indication from CDPHE when the permit will be issued. <br />Gob Pile #2 is nearing full capacity. The first bench and part of the second bench have <br />been reclaimed. Placement, compaction, and shaping of coal mine waste is an on- <br />going process at this pile location. In an effort to increase storage capacity of Gob Pile <br />#2, Bowie submitted a technical revision application (TR -72) on February 9, 2012. The <br />revision was approved on June 20, 2012 and allows Bowie to steepen a section of the <br />hillside in order to provide for more gob storage capacity. Work on the cut slope began <br />the beginning of January. <br />A meeting was held in Denver between Bowie and DRMS on September 20, 2012 to <br />discuss plans for a large expansion of gob pile #2. Since an air permit for Gob Pile #3 <br />has yet to be issued, Bowie decided to submit a technical revision to combine Gob Piles <br />#2 and #4 by placing waste in the draw between the two piles. A technical revision <br />application (TR -76) was submitted on November 9, 2012 and received DRMS approval <br />on January 14, 2013. <br />Part of the TR -76 application package included a new upper diversion ditch. Since <br />Bowie realized TR -76 wouldn't be approved prior to the snow falling, they submitted a <br />Minor Revision Application (MR -132) on October 25, 2012 to construct the Upper <br />Diversion ditch. The minor revision was approved by DRMS on November 19, 2012. <br />The Upper Diversion ditch was constructed the beginning of December. <br />To further explain the facts surrounding the NOV Bowie offers the following responses <br />to each component of the NOV: <br />Rule 2.08.4(2) and Rule 2.08.4(4): <br />Rules 2.08.4(2) and (4) state that a technical revision must be obtained for permit <br />modifications and that implementation of the technical revision cannot begin prior to <br />obtaining final approval. Bowie did not intentionally begin implementing TR -76 prior to <br />DRMS approval. The construction of the road between the TR -72 cut and the MR -132 <br />ditch was an unfortunate misunderstanding by on -site field personnel over the holiday <br />season when supervision was on vacation. The road was constructed in order to rip rap <br />part of the upper diversion ditch and therefore believed to be acceptable as the road is <br />within the disturbed area approved by MR -132. <br />Rule 3.02.1(2) <br />A bond increase was not required with MR -132 and therefore Bowie did not think that a <br />bond was required to be posted for the road associated with placing rip rap in the upper <br />diversion ditch. <br />Rule 4.06.1(1): <br />Rule 4.06.1 (1) requires that topsoil and subsoil to be removed before disturbance of <br />surface coal mining operations and to be segregated from other material. <br />The soils map shows that topsoil should be available for salvage in the MR -132 and TR- <br />72 approved disturbance areas. However, very little to no topsoil is available for <br />