2013-05-30_ENFORCEMENT - C1996083

• Permit No: C1996083
• IBM Index Class Name: Enforcement
• Doc Date: 5/30/2013
• Doc Name: Request to Vacate ‎(Memo)‎
• From: DRMS
• To: DRMS-Director Loretta Pineda
• Violation No.: CV2013004
• Email Name: SLB
• Email Name: SB1
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
STATE OF COLORADO
COLORADO
ID IV I S I O N O F
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
May 29, 2013
Mike King
Executive Director
To: Loretta Pifieda, Director
Loretta E. Pineda
Director
From: Susan Burgmaier
Re: Bowie No. 2 Mine C1996083
Notice of Violation No. CV2013004
Operator Request to Vacate Notice
Attached is correspondence from Bowie Resources, LLC (BRL) requesting that Notice of Violation C2013004 be
vacated. To assist you in determining whether there is good cause to vacate the violation (in accordance with Rules
5.03.2(5)(b) and 5.03.4(2)), I offer the following.
The violation was issued in response to concerns I observed during my May 9, 2013 inspection of the gob piles at
the Bowie No. 2 Mine. Specifically, the construction of Gob Pile 42 and the surface water control on Gob Piles 42
and 44 indicated that the gob piles were not stable. Details of the areas cited and specific rules violated are outlined
in the attached notice of violation.
BRL essentially ascertains that the Rules are lacking in that there is no allowance for a construction phase of gob
placement. BRL believes that the Division should consider that the construction phase for gob placement cannot be
held to the same standards that are in the Rules and permit application package for final configuration of a refuse
disposal area. None of the rules cited in the notice of violation differentiate between construction and final
configuration of the refuse disposal area:
- Rule 4.09.1(1)(c) requires placement of refuse material in a controlled manner to ensure stability of the fill.
- Rule 4.09.1(7) requires compaction concurrent with refuse transportation and placement to ensure mass
stability of the pile.
- Rule 4.10.2(c) requires inspection of the fill during all phases of construction of the fill, including
"placement and compaction of fill materials ".
- Rule 4.10.4(2), falls under the construction requirements for a fill, and requires that coal mine waste banks
have a minimum static safety factor of 1.5.
- Rules 4.10.1(1)(a) and 4.09.2(7) require surface water runoff from the fill surface to be diverted off the fill.
BRL also contends that the Division should consider 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 ". Gob Pile #2 is
currently the only disposal area with remaining volume available for refuse placement. BRL has permitted Gob Pile
43 with the Division, but has been waiting approximately 6 years for approval of an air emissions permit from
CDPHE to activate that area. During inclement weather or operational difficulties, most operations utilize a
designated temporary storage and drying area for refuse materials that are later transported to an approved refuse
disposal area. BRL, because of the delays in opening Gob Pile 43, currently has no available area for temporary
storage. These factors have likely hampered the operator's ability to properly place and compact refuse material.
Nonetheless, at the time of my inspection, the operation was not in compliance with the rules cited in the notice of
violation, and none of the rules cited allow for a variance due to operational difficulties or inclement weather.
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