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<br />Mr. Rick Siebel, Regional Duector -10- May 16, 1995 <br />Office of Surface Mining <br />Western Region Coordinating Center <br />other slopes, within the disturbed area, were almost flat. For these reasons <br />[AFO] fmds that the response to [Part Two of the TDN] that pertains to the refuse <br />slopes [Division emphasis] to be arbitrary, capricious and an abuse of discretion; <br />and is, therefore, inappropriate. <br />The Division requests the Western Region Coordinating Center reverse this determination. <br />First, AFO's May 5, 1995 response to DMG that AFO agrees that Part One of the TDN which <br />states "Failed to restore disturbed azeas to AOC" is not an accurate citation of a violation of <br />Colorado's Regulations, as coal waste banks, when composed of excess material, do not need to <br />meet AOC criteria. AFO further stated in its May 5, 1995 letter that the Division's response to <br />Part Two of the TDN "that pertains to the refuse slopes" was inappropriate. It is also apparent, <br />as such, that the Division's responses regarding the north-facing "pad" slope were appropriate <br />and thus no longer an issue. <br />AFO believes that the Division used a system of averaging all slope angle measurements obtained <br />over the entire site to develop a single average slope angle. This is highly incorrect. As <br />documented in the Division's report of the March 8, 1995 inspection (copy enclosed), the west- <br />facing outslope of the waste bank was measured with three separate transects. One of these was <br />18° (gentler than the 18.43° requrement), one was 18.75° (only 0.32° greater than the 18.43° <br />requirement), and one was 19° (only 0.57° greater than the 18.43° requirement). We believe <br />each of these measurements to be within an acceptable margin of error for hand-held Abney level <br />measurement, and thus believe each measurement documents the west-facing outslope's <br />compliance with the grade approved by the Division. <br />As also documented in the Division's report of the March 8, 1995 inspection, the south-facing <br />slope of the waste bank was measured by another six, separate transects. These angles were <br />found to be~16.5°, 17.5°, 17°, 20.25°, 17.5°, and 16°. With the exception of the 20.25° <br />section, each measurement found the south-facing outslope of the waste pile in compliance with <br />the approved outslope design angle. The Division did not average these six measurements and <br />determine the entire length of the outslope was in compliance. As specifically stated in the <br />Division's April 7, 1995 Proposed Bond Release Decision document, the Division proposed to <br />"release liability for the coal waste bank and backfilled slopes, with the exception of the 37% <br />(equivalent to 20.25°) slope section adjacent to the western-most check dam/catchment basin. <br />This section of slope that remains steeper than 3h:ly cannot be released at this time." <br />On May 4, 1995, the Division proposed to approve Technical Revision No. 18 to the Raton <br />Creek Mine permit. This TR called for the reconfiguration of the catchment basin inslopes after <br />removal of the basin embankments. The Division mailed its request for publication of its <br />proposed decision to the local newspaper in Trinidad, Colorado, on May 8, 1995. EFMC is <br />awaiting the passage of the ten~ay public comment period prior to implementing the provisions <br />of the TR. Once reconfigured, the catch basins will revert to a single individual refuse collection <br />