2013-04-05_GENERAL DOCUMENTS - C1996083

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Technical Revision No. 76 was approved on January 4, 2013. The revision allowed for expansion of Gob Pile 42 filling the draw between Gob Piles 42 and 44 for an additional 600,000 cy of capacity. Technical Revision No. 77 was submitted by BRL on March 18, 2013, and is currently under Division review. The revision proposes the use of overburden materials as a topsoil substitute for portions of Gob Pile #2. Permit Revision No. 12 was approved with conditions on November 16, 2010. The revision, the West Mine Expansion, increased the permit area by 2,203 acres that were transferred from the Bowie No. 1 permit area. Permit Revision No. 13 was submitted by BRL on September 4, 2012 and is proposed for approval by the Division concurrent with this proposed decision to approve Permit Renewal No. 3. The revision will add 896 acres to the permit area with the incorporation of lease modifications to COC -61209 and COC- 37210. In a letter dated July 14, 2011, BRL was informed by the Division that the current five year permit term was going to expire on April 4, 2012 and that the Permit Renewal No. 3 application was due on or before October 7, 2011. BRL submitted a complete permit renewal package on August 4, 2011. The renewal was called complete on August 9, 2011. Completeness letters were sent out on the same day. The completeness public notice was published on August 24, 31, September 7 and 14, 2011. The Division sent one adequacy review letter to BRL dated October 11, 2011. An updated Section 7 consultation was needed for the permit renewal. The Bureau of Land Management's (BLM) Uncompahgre Field Office had conducted an environmental assessment (August 2012) for the Bowie Coal Lease Modification Application. The EA included an informal section 7 consultation request (November 30, 2011) to the U.S. Fish and Wildlife Service (Service) regarding potential effects on threatened and endangered species. OSM determined on December 18, 2012 that the Bowie No. 2 Mine is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of designated critical habitat. Description of the Environment The Bowie No. 2 coal mine permit area includes 8301 surface acres, of which 3664 surface acres are federally owned and 4637 acres are privately owned. The coal and the surface lands within the present permit area are both federally and privately owned, as are the surface areas that have been disturbed by surface developments. The total approved disturbed area by surface operations is 362.7 acres. The Bowie No. 2 Mine is located in Delta County, approximately five (5) miles northeast of Paoma, Colorado. The mine permit area is located on lands depicted on the U. S. Geological Survey 7.5 minute Bowie Quadrangle Map, and the Bowie No. 2 mine portals are located northwest of the Old King Mine portals (also known as the Bowie Mine). The surface facilities are located north and south of Old State Highway 133 near the old townsite of Bowie. The mine is located between Terror Creek and Hubbard Creek. A portion of the surface facilities is within 100 feet of the outside right -of -way of old State Highway 133. The location of these facilities extends from the old townsite of Bowie to about 500 feet east of the old Bowie power plant. The original Bowie No. 2 Mine permit application indicated that mining would be conducted using the room and pillar mining method. Permit Revision No. 3 changed the mining method to longwall mining but kept the rate of production at two million tons per year. Approval of Permit Revision No. 3 increased maximum mine production to five million tons per year. Approval of Permit Revision No. 6 increased