2013-07-30_ENFORCEMENT - C1996083

• Permit No: C1996083
• IBM Index Class Name: Enforcement
• Doc Date: 7/30/2013
• Doc Name: Request for Director Approval of Abatement Extension
• From: Susan Burgmaier
• To: 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
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
July 30, 2013
Mike King
Executive Director
To: Loretta Pineda, Director
Loretta E Pineda
Director
From: Susan Burgmaier
Re: Bowie No. 2 Mine C1996083
Notice of Violation No. CV2013004
Operator Request to Extend Abatement Deadline Beyond 90 Days
Attached is correspondence from Bowie Resources, LLC (BRL) requesting that the abatement deadline for Notice of
Violation (NOV) C2013004 be extended beyond 90 days. Extension beyond 90 days requires Director approval. To
assist you in determining whether there is good cause to extend the abatement deadline (in accordance with Rule
5.03.2(2)(c)), 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 #2 and the surface water control on Gob Piles #2
and #4 indicated that the gob piles were not stable. There were three steps required to abate the violation; two have
been completed. The remaining abatement step was the requirement to grade and compact all of the refuse that had
been placed in an unstable configuration, and was originally required to be completed by June 28, 2013. The
abatement deadline has been extended once, and is currently set at July 31, 2013. The requested extension, to
August 30, 2013, would be 106 days from issuance of the NOV.
Rule 5.03.2(2)(c) permits the Director to extend abatement deadlines beyond 90 days from issuance of a violation
provided that the failure to abate the violation as required is not caused by lack of diligence or intentional delay by
the permittee, and one or more stated conditions apply. One of the conditions, under Rule 5.03.2(2)(c)(iv) allows for
extension "...where climatic conditions preclude abatement within 90 days..." I believe that BRL has been
working diligently to abate the violation, but wet spring and July monsoon conditions have extended the time
required to get the material dry enough to properly compact. Accordingly, I believe extension of the deadline
beyond 90 days is permissible under Rule 5.03.2(2)(c)(iv), and am requesting that you authorize the attached
Extension of Time for Abatement Notice.
Please let me know if you have any questions or need additional information.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines