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Jason Musick -3- February 2, 2015 <br />3. DRMS: Revised Page 18 was submitted with TR -97; it does not appear that <br />there have been any changes from the currently approved version of page 18 <br />(approved under TR -94 in November 2014). If no revisions are proposed to page <br />18, this page should not be included as a proposed page in the TR -97 <br />application materials <br />BRL: DRMS is correct, no changes were made to page 18. Please remove page 18 <br />from consideration. <br />4. DRMS: A new paragraph has been inserted at the top of Page 19, referencing <br />the HBEf analysis dated Nov. 21, 2014. If BRL moves the HBETAnalysis to <br />Volume IV, this paragraph should be revised to direct the reader to Volume <br />IV to locate the HBET analysis <br />BRL: BRL will incorporate the changes into Volume IX, and the table of contents for <br />Volume IV has been revised to direct the reader to Volume IX. <br />5. DRMS: The Division received comments on the TR -97 application from the Mine <br />Safety and Health Administration (MSHA), and forwarded those comments to BRL on <br />December 17, 2014. The Division requested that BRL forward a copy of the proposed <br />revision materials to MSHA and copy the Division on the transmittal. To date, the <br />Division has not received a copy of correspondence indicating that the materials have <br />been forwarded to MSHA. Please provide a copy of the revision materials to <br />MSHA and provide a copy of the transmittal cover letter to the Division. <br />In commenting on the application, MSHA cites 30 CFR 77.215(h), which outlines <br />construction requirements for refuse piles. The rule states that slopes steeper than 2:1 <br />(270) may not be constructed unless approved by the MSHA District Manager. Approval <br />of the MSHA District Manager for slopes steeper than 2:1 is not a specific requirement <br />of the Division rules (Rules 4.11, 4.10, and 4.09) but, to avoid objections to any <br />proposed decision by the Division to approve the revision, the Division will wait to <br />propose a decision on the revision until BRL has obtained approval from the MSHA <br />District Manager for the slope construction variance. <br />BRL: Attached is BRL's transmittal letter to MSHA. <br />Please feel free to contact me if you have any questions. <br />Sincerely, <br />