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LLC <br />,.~~ ~^;~ 1 F. . <br />December 1, 2005 <br />p'cC 0 5 2005 <br />Mr. James R. Stark <br />Environmental Protection Specialist ~M4na~d°BOeoeoloey <br />Colorado Division of Minerals and Geology p;v\son <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Oxbow Minine, LLC, CDMG Permit C-1981-022, <br />Modification to 3rd Quarter 2005 Coal Mine Refuse Pile Insuection Report <br />Dear Mr. Stark: <br />On November 1, 2005, the Division sent OMLLC a letter requesting additional information <br />regarding OMLLC refuse piles. OMLLC response is as follows: <br />East Yard <br />1. OMLLC notes the Division's comments regarding the completion of the East Yard <br />Refuse Pile. The Division is correct in its determination that reclamation of the refuse pile is <br />nearly complete. <br /> <br />2. Upon a further review of the pile, a 90% number would be more accurate. Please see the <br />amended report. <br />West Valley Fill <br />3. The attached revised report references the quantities of waste. <br />4. Compaction tests have been performed on the following dates: July 26, 2005, September <br />14, 2004, March 24, 2004, July 21, 2003, February 24, 2003 and December 16, 2002. Copies of <br />the reports are attached for the Division's records. <br />5. Rule 4.10.2(2)(b) states that "Inspections shall include such observations and tests as may <br />be necessary to evaluate the potential hazard to human life and property,... and that proper <br />construction and maintenance are occurring in accordance with the plan..." The regulations <br />clearly indicate no required frequency for compaction testing and provide discretion when testing <br />is to occur. If the regulations intended to require a specific frequency of compaction testing they <br />would so state. <br />The West Valley Fill has been constructed under the supervision of qualified licensed engineer <br />Mr. Thomas C. Anderson, P.E. Mr. Anderson has used his discretion in ordering the tests, <br />especially lately where the move to the Elk Creek Mine (from the Sanborn Creek Mine) and <br />installation of the rotary breaker have significantly reduced waste volume. In general, Mr. <br />Anderson visually monitors the construction of the waste pile and has determined the current <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA <br />TEL (970) 929-5122 FAX (970) 929-5177 <br />