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to the coal waste pile at a later date. The Division observed RAG-EC excavating clean fill material from <br />the pad extension area to place on the temporary backfilled slope to achieve approved post-mining <br />contours. Based on our observations from the January 28, 2004 and February 9, 2004 inspections, the <br />Division does not believe that waste material was being placed upon the slope in question. <br />A question azose during the inspection regazding a substation and bench on the slope above the No. 5 <br />portal. This bench is also depicted in DWG IV-23 (station 8+00) at 6190 ft. elevation. Included in this <br />letter is a photo of the No. 5 portal and facilities area taken in August 1982, which shows this substation <br />and the disturbance above the No. 5 portals. <br />Based upon observations made during the February 9, 2004 inspection, review of the data collected <br />during the inspection, and review of the permit and Regulations, the Division does not find RAG-EC in <br />violation of conducting reclamation in accordance with the approved plan. The Division will therefore <br />not be issuing an enforcement action for activities associated with the backfill of the slope at the No. 5 <br />portal azea. - -- - - - ~ - - - - - <br />If your concern lies with the approved reclamation plan, you may work with the operator to come to an <br />acceptable reclamation plan. The operator would need to revise the reclamation plan with the Division. <br />As per Rule 5.02.5(5), <br />Any person who has requested an inspection may request in writing the Administrator informally <br />review the Division's decision either not to inspect or not to take enforcement action on the basis <br />of an inspection with respect to any violation alleged by that person. The Administrator shall <br />conduct the informal review and report the results in writing to both the person requesting the <br />review and the alleged violator within 30 days of the Administrator's receipt of the request for <br />review. Informal review under 5.02.5(5) shall not affect any right offormal review under 34-33- <br />124 of the Act or to a citizen's suit under 34-33-135 of the Act. <br />Sincerely, <br />J et H. Bi s <br />En 'ronrne tal Protectio pecialist <br />Enclosure <br />C:\jhb\c81044\Bazker property\Citizen's inspection.doc <br />