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CV- 2013 -001 <br />C- 1996 -083 <br />The Division of Reclamation, Mining and Safety (DRMS) issued a Notice of Violation <br />(NOV) to Bowie Resources, LLC on January 9, 2013 for implementing a technical <br />revision (TR -76, Expansion of Gob Pile #2) prior to obtaining final approval, failure to <br />post a performance bond prior to disturbing surface acreage, and failure to salvage <br />topsoil and subsoil. <br />In order to substantiate the facts surrounding the violation, a history of permitting <br />actions specific to Gob Pile #2 will be offered, and then a response to each component <br />of the NOV will be discussed. <br />Bowie Resources has worked hard to be pro- active in planning for coal mine waste <br />storage, and has always submitted and obtained the required permits prior to placing <br />coal mine waste at any location. Bowie currently has DRMS approval for four coal mine <br />waste piles, and has plans for permitting a fifth coal mine waste pile in the future. <br />DRMS aerial photo of Gob Pile Area (January 4, 2013 <br />e <br />Y <br />sr - <br />� N <br />DIva <br />i 116 132 <br />6.1 AREA BOUNDARY INCREASE = <br />j 8.I AC. (APPROX.) <br />Aar <br />A. GyY g <br />ra Pru � <br />TR <br />Dacm (MR -W) <br />CUT SLOPE AREA • <br />(APPROX: ). <br />Gob Pile #1 has reached capacity and been reclaimed. Gob Pile #2 is an active coal <br />mine waste pile, and work at Gob Pile #4 is nearly complete. <br />Gob Pile #3 is a DRMS approved waste pile. However, gob has not been placed at this <br />location due to CDPHE's excessive delay in granting an air permit. Bowie has been <br />working to obtain an air permit at this location since 2006, and is still waiting, after <br />