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,,. <br />y <br />iiiiiiiuiiiiiiiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departmern o(Natural Resources <br />1313 Sherman 51., Room '.I S <br />Dem~er. Cobrado 8003 <br />Phone: 13031 866-3 567 <br />FA%: 1303) 83?-8106 <br />September 14, 1998 <br />Mr. William A. Bear Jr. <br />Bowie Resources Limited <br />Bowie No. 2 Mine <br />P.O. Box 483 <br />Paonia, Colorado 81428 <br />RE: Gob Pile Haul Road Certification, Bowie No. 2 Mine, Permit No. C-96-083, <br />Bowie Resources Limited. <br />Dear Mr. Bear: <br />~1 <br />ida <br />DEPARTMENT OF--- <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Eeecuuce Director <br />m¢hael e. Lonti <br />Division Dvecmr <br />In a letter dated January 23, 1998, the Division requested additional information for the <br />certification of the gob pile haul road. In that letter, the Division stated that a "relevant <br />showing" could be submitted in place of an engineer's certification of the haul road <br />design and construction, if the haul road is an existing haul road built before August 1, <br />1995. This "relevant showing" is described in Rule 4.03.1(1)(d)(ii). It was further stated <br />in the letter that the Division was assuming that the railroad subgrade was acting as the <br />haul road and had been built prior to August 1, 1995. <br />Upon further review, however, this interpretation appears to be incorrect. Even [hough the <br />railroad subgrade had been constructed prior to August 1, 1995, the actual haul road was <br />constructed after that date. The "relevant showing" in Rule 4.03.1(I)(d)(ii) would not <br />apply in this case. Therefore, please submit an engineer's certification for the gob pile <br />haul road design and construction, as required in Rule 4.03.1(1)(d)(I). <br />Concerning the gob pile haul road certification that had been submitted on June 15, 1998, <br />mention was made in the certification that the grade of the haul road was not constructed <br />as had been designed on Map 95266-05. Rule 4.03.1(l)(d)(i) requires that the entire road <br />must be certified as having been constructed as designed and in accordance with the <br />approved plan. If the certifying engineer believes that the road construction departs from <br />the original designs in a significant way, then revised designs must be submitted and <br />