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Allyn Davit <br />Mine Safeey and Heallh Administration <br />Oetoher 10, 2003 <br />Page 4 <br />The proposed coal refuse facility and sedimentation pond have been designed and will be constructed <br />in full compliance with all applicable provisions of the Colorado Mined Land Reclamation Boazd Rule <br />4 Performance Standards. These performance standards include design of the refuse pile to meet <br />minimum Factor of Safety requirements of 1.5 for static loading and 1.3 for pseudo-static (seismic <br />loading.,), and controlled placement and compaction, as documented by the geotechnical analysis <br />provided in Appendix A. Coal refuse facility construction requirements, as outlined in Sec[ion 2.05.4 <br />of the CDMG Mining and Reclamation Plan document (Appendix B) demonstrate compliance with <br />applicable provisions of 30CFR 77.215. <br />Sedimentation Pond A is a designed structure with a maximum height of 14 feet above the upstream <br />toe of the concrete embankment and a maximum design capacity of 1.74 acre-feet. Given these <br />design parameters and that the location of the pond does not present a hazazd to coal miners, <br />OMLLC submits that Pond E is not an MSHA jurisdictional structure. <br />We appreciate your consideration and look forward to your acknowledgement of this plan submittal <br />and determination of whether or not the proposed coal refuse facility presents a hazard in accordance <br />with 30CFR 77.215-2(c). Please feel free to contact me with any questions relative to the proposed II <br />West Coal Refuse Facility and associated facilities and operations. <br />Sincerely yo , <br />James Kiger <br />]MNslw <br />cc: Tom Anderson/Oxbow <br />Ben Godwin/Oxbow <br />Jim Burnell/CDMG <br />Jerry Nettleton/MWH <br />W~WP~fA4r\Pmi'r\ll P'v CJPu~e Fai6yUati~.n RME <br />IO/9/OiS <br />