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<br />III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Roam 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: 1303)832-8106 <br />DATE: December 9, 1998 <br />TO: Joe Dudash <br />c <br />FROM: Jim Pendleton <br />RE: Old W e Pi SM Special Oversight Inspection <br />Resolution of Existing Situation, Bowie No. 1 Mine <br />(Permit No: C-81-038) <br />II~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Rnmer <br />Gnvemor <br />dames S. Lo<hhead <br />E¢eculrve Direcbr <br />Michael B. Long <br />Division Director <br />I have reviewed the information regarding the Bowie No. 1 "old" waste pile, which you <br />forwarded to my attention. As I understand the situation, a question regarding <br />certification of the as-built pile arose during a joint special oversight inspection with OSM. <br />Further, the consulting engineers to Bowie Resources, Inc., who now owns and operates <br />the mine, declined to certify the pile as having been constructed in accordance with the <br />approved plan. Since the outslope is apparently over-steepened, it is rather obvious that <br />it was riot constructed in accordance with the approved design. <br />Having a recollection of the original permanent program permitting of the Orchard Valley <br />Mine, now the Bowie No. 1 Mine, I am not surprised that such an oversight might have <br />occurred. In relation to the significant permitting adequacy problems regarding topics <br />such as overall stability of the surface facilities, sediment control, and subsidence control, <br />the old waste pile was a minor concern at the time. As your documentation describes, <br />allowances were made to allow the operator to complete the pile and begin use of the <br />new pile. The old pile had a spontaneous combustion problem following its first remedial <br />treatment and had to be extinguished. It is possible that additional material was placed at <br />that time to cap the pile and prevent ignition. My recollection is vague concerning this <br />distant past. Realistically, I'm pessimistic that records research would enlighten us <br />concerning the topic of the exact total volume of the pile. Relatively speaking, however, <br />the pile is small. In my opinion an extensive investigation to establish whether the <br />volume is small ± 10% would be an inappropriate expenditure of time and effort. <br />In accordance with our regulations and the approved permit the old waste pile should <br />have been certified. It was not. To his credit, the consultant is not willing to certify a <br />pile he does not believe meets the design requirements. Certification of the pile by any <br />