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<br />Mr. Thomas Ehmett, Acting Director -4- <br />OfGce of Surface Mining Reclamation <br />and Enforcement <br />April 21, 1995 <br />eliminate all highwalls and depressions, need not return that excess material to <br />approximate original contour. The operator has eliminated all highwalls associated with <br />the Raton Creek Mine, and has taken extra measures to eliminate all preexisting <br />highwalls as well. The material remaining in the coal waste bank is "excess material,' and <br />thus does not have to be restored to approximate original contour. As such, the <br />statement that the operator has failed to restore the west and south slopes of the "refuse <br />pile" to AOC is inappropriate. <br />The Division took slope measurements on the backfilled and regraded slopes of the coal <br />waste bank during the March 8, 1995 bond release inspection using Abney levels and <br />measuring staffs. The Portal No. 2 (Helen Portal) highwalls and face-ups had been <br />backfilled using refuse as per the design plans in Section 2.05.3(8) of the permit. <br />Thirteen slope measurements were taken along this backfilled portion and the west-facing <br />slope of the coal waste bank, with a resulting average slope of 16.0° or 28.7 percent <br />(standard deviation of 2.0). This is a gentler slope than the approved gradient of 3h:ly <br />(33 percent). <br />The gradient of the western slope of the coal waste bank averages 18.75° (33.9 percent), <br />as obtained from six slope measurements taken during the bond release inspection. The <br />difference in the measurement of slope gradient (33.9 percent average) and the 33.3 <br />percent permit requirement is less than one percent, and less than one degree. This <br />difference is well within the accuracy limits of Abney level measurement. Therefore the <br />Division does not believe this to be a condition that is in violation of the permit <br />requirement <br />Both the south-facing side slope of the catchment basins and the north-facing slope of the <br />former mine office pad specified in Part Two of the Ten-Day Notice were removed from <br />consideration in the Division's proposed Phase I Bond Release approval. The Division <br />has informed the operator that additional backfilling and grading is required in order to <br />bring about a reduction in these slopes to the approved grade. The operator is in the <br />process of addressing this issue in Technical Revision No. 18. Once regraded, these areas <br />would have to be addressed in a subsequent Phase I bond release request. <br />Based on the information provided herein, the Division believes that the conditions cited <br />in Part Two of this Ten-Day Notice do not represent a violation of Rule 4.14.1(2)(a). <br />