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/ ,r <br />Richard D. Lamm <br />Governor <br />u <br />DEPARTMENT OF NATURAL RESOURCES <br />Devitl H. GalChea, Execuhva Director <br />• <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SMELTON, Dlroetor <br />September 2, 1986 <br />Mr. Gary Fritz <br />Office of Surface Mining <br />219 Central Avenue, NW <br />Albuquerque, New Mexico 87102 <br />Re: Ten-Day Notice No. 86-2-244-3 <br />Eckman Park Mine C-81-071 <br />Dear Mr. Fritz: <br />On August 28, 1986, the Division received your above referenced ten-day <br />notice (TDN) concerning the slump at Colorado Yampa Coal Company's overburden <br />stockpile No. 1. This letter serves as our response to your concerns. <br />The citation included in your TDN refers to Rule 4.09.1(7) of our excess spoil <br />regulations. This section requires that piles be constructed to ensure mass <br />stability and prevent mass movement. The regulation is intended to address <br />significant structural stability, not small surficial slumps. Almost every <br />mine occasionally has minor surficial slumps. The reason they may occur is <br />because the surface of the spoil is ripped and loosened to allow adhesion to <br />the topsoil and induce root and water penetration. Likewise, the overlying <br />topsoil is prohibited from being compacted. The end result at times will be <br />movement of topsoil and some surficial underlying spoil material. These small <br />slumps are repaired during normal periodic maintenance. <br />The question we are faced with is whether the pile has been improperly <br />compacted so as to result in significant mass movement indicative of a serious <br />internal instability within the pile. Compaction records and engineer <br />certification reports indicate that the pile was constructed properly. <br />Investigation of the slumps indicate that they are small in size and appear to <br />be surficial in extent (i. e., movement of topsoil and surficial spoil only). <br />Because of the size and extent of the slumps and lack of evidence to show <br />improper construction, the Division feels a violation cannot be sited and is <br />probably not warranted. We will, however, ensure that the cracks are filled <br />and require that an engineer recertify that portion of the pile and provide an <br />explanation of the cause of the slump. We trust this will resolve your <br />concern. If the recertification by the engineer reveals any impropriety on <br />the part of the operator, we will reevaluate our position on this matter. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />