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~N <br />~~_~, <br />INC. <br />A Subsidiary <br />of <br />lresrern Fuels July 26, 1993 <br />Acc~ciariou, Inc <br />Ms. Erica Crosby <br />Colorado Division of Minerals & Geology <br />1313 Sherman St., Room 215 <br />Denver, CO 80202 <br />l03 <br />RE: NOV-93~I{Bfi DESERADO MINE <br />Dear Ms. Crosby: <br />999 <br />JUL ~ g 1993 <br />Divrston or Miner,,,..., uLJiJyv <br />Western. Fuels-Utah, Inc. hereby contests the Notice of Violation C-93-103. Western Fuels does <br />not agree that a violation occurred in refuse disposal areas 2-3 and 4, and demands that DMG <br />vacate the notice of violation. <br />The violation as stated in the NOV: <br />"Failing to place excess spoil in a conVOlled manner and concurrently wmpacting as <br />necessary to ensure mass stability and prevent mass movement." <br />Some initial points must be noted: 1) The material being disposed of is not excess spoil, it is coal <br />mine waste (see definitions 1.04(22a), 1.04(23) and 1.04(43a). 2) The Rule that discusses coal mine <br />waste banks (4.10) incorporates 4.09 and then further states in 4.10.4 that the Subsections 4.09.1 <br />and 4.09.2 are varied by 4.10.4. 3) Rule 4.10.4 -Construction Requirements, addresses <br />compaction requirements in much more detail than 4.09, actually specifying 90% of maximum dry <br />density to provide the strength required for stability of the coal mine waste bank. It does not mention <br />concurrent compaction and, in fact, implies that the compaction requirement is the primary concern. <br />Western Fuels personnel have designed and operated three refuse disposal areas in northwestern <br />Colorado since 1984. These refuse disposal areas have been operated and complied with Section <br />4.09, 4.10 and the Deserado Mine permit Section IV. DMG personnel have always in the past <br />inspected the wastebanks and concurred with the consturction techniques. <br />As required in Section 4.10.4(3)(c) the waste bank must be compacted to attain 90 percent of the <br />maximum dry density. In order to obtain proper compaction some drying of the refuse material, <br />which is initially high in moisture content, is required after initial placement of the material in the <br />refuse disposal area. During the winter months, drying of the refuse material is impossible. <br />Therefore, if the coal waste material is placed and compacted during these months the required <br />compaction cannot be achieved. Soft spots would develop and the long term stability of the waste <br />Suite #305 <br />405 Urban Street <br />lakewood, Colorado 80328 <br />Telephone 303/988-9626 <br />Telecopier 303/986-8147 <br />