2013-05-28_ENFORCEMENT - C1996083

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CORPORATE OFFICE: 6100 Dutchmans Lane- Suite 4902 Louisville, KY 40205 (502) 584 -6022 Fax(502)587 -6579 May 22, 2013 Susan L. Burgmaier Colorado Division of Reclamation Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: CV 2013 -004 C Roof -o<&�) MINE OFFICE: PO Box 1488 Paonia, CO 81428 (970) 527 -4135 Fax(970)527 -2234 R ,ec %,vr w MN1 Z b J0A3 MMV= l MItA1 The Division of Reclamation, Mining and Safety (DRMS) issued a Notice of Violation (NOV) to Bowie Resources, LLC on May 16, 2013 for gob placement and drainage issues. The NOV was based on a May 9, 2013 partial inspection performed by DRMS. Bowie Resources, LLC hereby requests the NOV be vacated based on the following discussion. In order to disprove the facts surrounding the violation, a discussion of coal mine waste management and site operations will be discussed, and then a response to each component of the NOV will be discussed. The approved permit document contains plans and specifications as they pertain to the final reclaimed configuration of the gob piles. Also, rules associated with placement and management of gob in large part are specific to the final reclaimed configuration of the gob piles. What seems to be lacking in the Rules, is that there is a construction phase of gob placement that cannot be held to the same standards that are in the Rules and permit application package. There must be some allowance for what is involved with daily operations, weather, and factors out of the Operators' control, like waiting an unreasonable period of time for an air permit to access gob pile number 3. Daily operations at the coal mine waste pile should be considered the construction phase of operations. The construction phase will vary depending on the time of year, weather conditions, and current mining conditions. On any given day, there will be one 40 yard capacity haul truck, hauling up to 3,500 tons per day of coal mine waste to the gob pile, there will be a dozer working the gob and a track hoe turning the gob to dry it. Bowie offers the following responses to each component of the NOV: NOV item 1 Rule 4.09.1(1)(c) Failure to place refuse material on Gob Pile #2 in a controlled manner to ensure stability of the fill.