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J. E. STOVER & ASSOCIATES, INC. <br />2352 NORTH 7T" STREEET, UNIT B <br />GRAND JUNCTION, COLORADO 81501 <br />PHONE: (970) 245 -4101, FAX: (970) 242 -7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />July 30, 2013 <br />Susan Burgmaier <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 RECEIVED <br />Re: Bowie Resources, LLC, Bowie No. 2 Mine � 052.01.3 <br />NOV 2013 -004 <br />' OF RKIAMATIQM <br />Abatement Deadline extension request 43,N Q ANA SMEW <br />Dear Ms. Burgmaier: <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />The Division of Reclamation, Mining and Safety (DRMS) issued a Notice of Violation (NOV) to <br />Bowie Resources, LLC on May 16, 2013 for gob placement and drainage issues. The NOV was <br />based on a May 9, 2013 partial inspection performed by DRMS. <br />There were three steps necessary to abate the violation. Steps two and three have been fully <br />abated. <br />On behalf of Bowie Resources, LLC please extend the abatement deadline for item no. 1 until <br />August 31, 2013. This request will exceed the 90 day abatement limit set forth in Rule <br />5.03.2(2)(b). However, according to Rule 5.03.2(2)(c), an Operator can request an extension <br />exceeding 90 days if the failure to abate is not caused by lack of diligence or intentional delay by <br />the permittee and meets at least one of the conditions set forth in the aforementioned rule. <br />Rule 5.03.2(2)(c)(iv) states, "Where climatic conditions preclude abatement within 90 days, <br />or where, due to climatic conditions, abatement within 90 days clearly would cause more <br />environmental harm than it would prevent or," <br />Climatic conditions were in large part the reason for issuance of the NOV, and also the <br />main reason the NOV cannot be fully abated in the 90 days allotted for NOV abatement. <br />The end dumped material that was stacked over the inclement weather months was very <br />wet and needed time to dry once the weather improved. The process of placing and <br />compacting gob involves blending wet material with dry material in order to achieve the <br />optimum moisture content. Since the gob started out very wet a significant amount of time in <br />May and June went into blending wet gob with dry material to prepare it for placement and <br />compaction. In July Bowie was able to make good progress placing and compacting the material <br />due to the overall dry conditions. <br />