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J. E. STOVER & ASSOCIATES, INC. <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />February 8, 2005 <br />J. J. Dudash <br />Division of Minerals & Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Bowie Resources, LLC, Bowie No. 2 Mine <br />Gob Pile Stability, NOV CV-2005-002 <br />--- - - Permd C=96=083--- - - - - - - - -- <br />Dear Mr. Dudash: <br />CML ENGINEERING <br />CONSi. MANAGEMENT <br />I~EC~h~'Ei~ <br />FEB 1 9 2005 <br />Division of Minerals and Geolo"• <br />The referenced notice of violation was written for failure to provide a geotechnical analysis that <br />demonstrates the factor of safety of the in place and proposed coal mine waste bank no. 2 is 1.5 <br />or greater using site specific characteristics (moist unit weight) and strength parameters of <br />cohesion and angle of intemal friction from coal processing waste materials that have been <br />placed on the coal mine waste bank no. 2. <br />The required abatement steps are to provide a geotechnical analysis that demonstrates the <br />factor of safety of the in place and proposed coal mine waste bank no. 2 is 1.5 or greater. This <br />analysis must include a statisticallyadequate number of samples collected and tests conducted <br />from the material placed on the coal mine waste bank no. 2. The analysis shall be based on site <br />specific characteristics (moist unit weight) and strength parameters of cohesion and angle of <br />intemal friction from coal processing waste materials that have been placed on the coal mine <br />waste bank no. 2. <br />Bowie collected in place samples during the middle of January and additional samples on <br />February 4th. It takes the testing laboratory four to six weeks to process a sample, determine <br />strength parameters and run the stability model. It is therefore not possible to perform the <br />abatement steps on or before February i5, 2005. On behalf of Bowie Resources, LLC, please <br />extend the abatement date for the referenced notice of violation until March 18, 2005. <br />There is one phrase in the abatement steps that maybe problematic. The phrase "statistically <br />adequate numberof samples" is not defined and could become controversial. Amore <br />appropriate phrase may be "the analysis must be based on representative samples". Please <br />consider amending the notice of violation. <br />Sincerely, <br />"J. E. Stove <br />Consulting Engineer <br />cc: Wm. A. Bear, Jr. <br />