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<br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 7 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (3031 832-8106 <br />September 4, 1996 <br />~I~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />Thomas C. Anderson PE Tames 5. Lochhead <br />Executive Director <br />Environmental Coordinator Michael B. Long <br />Oxbow Carbon and Minerals Division Director <br />P.O. Box 535 <br />Sumerset, CO 81434 <br />RE: Gob Pile Report -Sanborn Creek Mine - C-81-022 <br />Dear Mr. Mderson: <br />We have reviewed your letter of July 16, 1996, in which you request that stipulation No. 16 be <br />terminated. <br />We recognize your interest in the removal of Stipulation No. 16. However, the regulation <br />(4.10.4(3)) in question states: <br />"Compaction requirements during construction or modification of all coal mine waste bands <br />shall be: <br />(a) Spread in layers no more than 24 inches in thickness; <br />(b) Compacted to attain 90 percent of the maximum dry density to prevent <br />spontaneous combustion and to provide the strength required for stability of <br />the coal mine waste blank. Dry densities shall be determined in accordance <br />with [he American Association of Sta[e Highway and Transportation Officials <br />(AASHTO) Specifications T99-74 (Twelfth Edition)(July 1978) or an <br />equivalent method. AASHTO T99-74 is hereby incorporated by reference as <br />i[ exists on the date of adoption of 4.10." <br />There is the potential for a variance as stated in 4.10.4(3)(c), although this variance requires <br />"compaction testing". Please note in particular the last sentence in the quote below. <br />"(c) Variations may be allowed in these requirements for maximum allowable lift <br />thickness and minimum requires compaction, after approval of the variance <br />by the Mine Safety and Health Administration's (MSHA) District Manager, <br />as required by 30 CFR 77.215. Copies of the MSHA district manager's <br />written approval and the application documents furnished for his review, <br />- - - ~ III 111111 1111111 III <br />STATE OF COLORADO <br />