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MS. ERICA CROSBY JULY 27, 1993 PAGE 2 bank would be jeopardized. Excess spoil material can be concurrently compacted, whereas coal mine waste cannot be compacted to the required degree until the moisture content decreases. This fact is recognized in the regulations by addressing excess spoil and coal mine waste in separate subsections. In an effort to operate the refuse disposal areas according to professional standards and prudent engineering practices, placement of the refuse material is based upon the moisture of the material itself, the ability of the waste material to either dry or retain moisture, and the precipitation occurring at the time. To place and compact the waste material when the required compacticn cannot be achieved defies basic engineering practices, and is in violation of a number of provisions in Rules 4.09 and 4.10. During the winter months, Western Fuels-Utah, Inc. has temporarily stored refuse material on top of an existing compacted waste bank since the refuse disposal areas became operational. The winter of 1992-1993 and the spring of 1993 produced unusually high amounts of precipitation. The greater-than-usual amount of precipitation slowed and halted the refuse drying process that normally takes place in late winter and through spring. At the time of the alleged violation waste material was stored on top of refuse disposal area 2-3. The horizontal lifts below the stored material had been compacted to 90 percent of the maximum dry density. The material was being hauled to refuse disposal area 4 to be spread, dried and compacted. Western Fuels-Utah, Inc. has in the past, and at the time of the alleged NOV, constructed the coal waste banks in our refuse disposal areas in accordance with the applicable regulations. The stability of the coal waste banks constructed thus far is proof that the professional standards called for in Rule 4.09 and the technical standards explicitly spelled out in Rule 4.10 do work when they are followed. It appears that the Division is demanding that Western Fuels construct coal waste banks in a manner that defies the regulations as well as good engineering and construction practices. Western Fuels-Utah, Inc. maintains that a violation did not occur as stated in the NOV. WFU is currently hauling RP2/3 waste material to RP4, including grading and compacting. WFU estimates that it will take several weeks to complete this task in an orderly fashion depending upon the weather and other controlling factors. Hence, the deadline of August 30, 1993 as noted in the NOV is unattainable. WFU is doing its best to complete this task as soon as possible. The second violation as stated in the NOV: "Failing to divert surface runoff from the fill surface to stabilized channels of the fill."