Laserfiche WebLink
February 4, 2013 <br />To: Dan Hernandez <br />From: Susan Burgmaier <br />Re: Bowie No. 2 Mine (C- 1996 -083) <br />Notice of Violation (NOV) No. CV- 2013 -001 <br />Request for Assessment of Civil Penalty <br />I issued NOV No. CV- 2013 -001 at the Bowie No. 2 Mine on January 14, 2013. The <br />violation was identified as a potential violation during my review of aerial photographs <br />taken of the site on January 4, 2013. 1 followed up with a ground inspection on January <br />9, 2013, and confirmed that a violation had occurred. I issued NOV CV- 2013 -001 from <br />the office on January 14, 2013. Bowie Resources, LLC (BRL) received the notice on <br />January 18, 2013. The notice of violation was issued for: <br />o Failure to obtain a technical revision for a modification to the terms or <br />requirements of the permit for design changes for a regulated structure, as <br />required by Rule 2.08.4(2). <br />o Failure to obtain final approval before implementing a technical revision, as <br />required by Rule 2.08.4(4). <br />o Failure to obtain approval of a performance bond covering the surface acreage to <br />be affected prior to disturbing surface acreage, as required by Rule 3.02.1(2). <br />o Failure to save topsoil and subsoils before disturbance of areas affected by <br />surface coal mining operations, as required by Rule 4.06.1(1). <br />The portion of the operation to which the violation applies is a 1.2 acre of unauthorized <br />disturbance between Gob Pile #2 and Gob Pile #4, in an area that was proposed for <br />disturbance in Technical Revision No. 76 (TR76) but not yet approved. The revision <br />was under review at the time the violation occurred. <br />Pursuant to Rule 5.04.3(2), 1 am requesting that you determine the amount of the <br />proposed civil penalty for the violation. The notice of civil penalty is due on or before <br />February 17, 2013. To assist you in your research for determining the civil penalty, I <br />offer the following: <br />- A copy of the NOV and my inspection reports upon which the NOV is based are <br />attached. <br />- We received comments from the operator, pursuant to Rule 5.04.3(1), on the facts <br />surrounding the violation on January 22, 2013. A copy of the operator's comments <br />is attached. <br />