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MINE ENGINEERING <br />MINE RECLAMATION <br />April 15, 2005 <br />J. E. STOVER & ASSOCIATES, INC <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />Dan Mathews <br />Division of Minerals and Geology <br />101 South 3rd Street Suite 301 <br />Grand Junction, CO 81501 <br />Re: Central Appalachia Mining, LLC <br />Munger %anyon Mine - ~ - <br />NOV CV-2005-004 <br />Permit No. C~1-020 <br />Dear Mr. Mathews: <br />'t`~81a s <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />The reference NOV was written for failure to install CMP-3 at the coal mine waste disposal area and <br />for placing large rock in an area where topsoil had not been salvaged. <br />Whit regard to CMP-3, the sediment pond has excess capacity (PAP page 2-13 and pond <br />certification). The sediment pond has a water capacity in excess of 0.5 A-F. The required water <br />capacity of the pond is 0.32 A-F. Run-off generated by the 7.4 acre upland area and diverted into <br />CMP-3 is 0.08 A-F (CN 73, 1.5"precipitation). The sediment pond can handle the run-off from the <br />7.4 acre upland area and still have about 0.1 A-F excess capacity. <br />CMP-3 was designed to handle the flow form the 100-year event from the upland area and the flow <br />from Ditch Segment "C" (Appendix M, page M(vii)-37). The 100-year event for the upland area was <br />used to satisfy rule 4.09.2(7), "Surface Runoff from the fill surface shall be diverted to stabilized <br />channels off the fill which will safely pass the runoff from a 100-year, 24-hour precipitation event". <br />Until Ditch Segment "C" is constructed, CMP-3 is not required. <br />With regard to placing large rock in an area :where topsoil had not been salvaged, the DMG notes <br />the topsoil has not been lost and that recovery of the soil with minimal loss should still be feasible. <br />When evaluating the fact and severity of the notice of violation, please consider that both items in <br />the NOV were paperwork failures. Both issues could have been taken care of with a letter in lieu of <br />a notice of violation and I know that similar issues are frequently handled in that manner. <br />Sincerely, <br />J. E. St~ .E. <br />Consulting Engineer <br />