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PAGE TWO DECEMBER 27, 1993 BARBARA PAVLIK Please note the following responses to the NOV's. DMG has always been informed of the pond inspections through the records kept at the mine. Western Fuels (WFU) has been submitting certified inspection reports on only DP-1 since the inception of the mine. DMG never objected to or asked for the annual certified reports on other ponds. In order to comply with the NOV, WFU has submitted the required certification under a separate cover. The certification mailed to you was dated December 22, 1993 and was certified by Michael J. Weigand, P.E. who is also the mine manager at Deserado mine. Western Fuels will continue to submit these annual certifications in the future. The south side diversion of RDA 2-3 and the north side diversion of RDA 4 have been properly re- established including riprapping of sections difficult to reach by a dozer. The work was performed shortly after the non-compliance was brought to WFU's attention. Any portion of RDA 4 diversion requiring riprap will be riprapped within the abatement period. WFU conducts a weekly inspection of the mine facilities to identity and correct compliance problems. It appears that either these diversions were overlooked or non-compliance occured within a relatively short period. WFU has been submitting applications for small area exemptions as such areas are being identified. DMG is well aware of this. WFU plans to devote a separate section and a separate map for the small area exemptions with the permit renewal application to be submitted in the near future. WFU will implement the plan within 30 days of its approval. WFU has endeavored to comply with the approved permit document by wmpacting the refuse in lifts not to exceed 2 feet and maintaining the 90% or more of the maximum dry density. No seepage or stability problems have been noted in any of the refuse piles. The NOV required that WFU