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;" <br />,; <br />and towards the east in accordance with the plan for iu final constructed configuration as shown on Map 12, <br />Mine Site Water Systems and Refuse Pile; Map 17, Post Mining Topography; and Exhibit F, Coal <br />Processing Waste Embankment. <br />The east facing slope of the refuse pile, as found at the time of the DMC inspection, was entirely <br />within the 'active' refuse disposal area of the pile. This active disposal area was not contemplated to be part <br />of the final pile ouulope configuration. Raton Creek's refuse disposal operations are not unique in that <br />portions of the refuse slopes created by placement of IiRs within the active disposal area temporarily create <br />slopes which are more or less than the maximum final slopes as approved in the permit application. The <br />subject south facing slope is only an interim, temporary feature of the refuse pile construction. EFMC is <br />committed to regrading refuse slopes to 3H:1V during final reclamation as presented in the approved permit <br />application and in the permit renewal submittal currently under review. <br />3. Refuse Pile Stability <br />The subject area of the south face (the top 20 vertical feet) as well as the rest of the refuse pile has <br />not been documented as unstable. Regular quarterly inspections by EFMC since the period of April 1990 <br />indicate no observed stability problems. The certified refuse pile inspection performed on May 4, 1993, and <br />subsequently submitted to the DMG, documenu the 70 percent grade of the top 20 feet of the east side but <br />does not allude to any stability concerns. In addition, over 3 years of inspection activity by the DMG has <br />not documented wncerns relative to stability of any portion of the refuse pile. It is reasonable to assume <br />that the limited steep poRions on the south face of the refuse pile are stable and will remain so until <br />regraded as approved in the permit application. <br />The information contained in this letter clearly demonstrates that the Raton Creek Mine Refuse Pile <br />is constructed and maintained as required by applicable regulations of the Colorado Mined Iand Reclamation <br />Board for Coal Mining. EFMC believes that no violation exists relative to construction of the existing <br />refuse pile. <br />Please do not hesitate to contact me with eny questions that you may have regarding this matter. <br />Sincerely, <br />Allen S. Weaver <br />Mine Engineer <br />cc: Randy Acre (EFMC) <br />Joseph Dudash (DMG) <br />Jerry Nettleton (ACZ) <br />Joe DeAngelis (EFMC) <br />