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a <br />y <br />Memo to Joe Dudash <br />Bowie No. 1 Mine's Old Waste Pile <br />page 2 <br />engineer would now require redisturbance of the pile. Material character and in-place <br />density would need to be determined. Materials would need to be collected and analyzed <br />in the laboratory to determine strength characteristics and optimum density relationships. <br />Certification would require test pits and/or auger sampling, resulting in disturbance of the <br />pile. If reconstruction were completed, the treatment disturbance would be significant. <br />I realize that the regulations, both OSM's and the State's, require certification of the pile. <br />However, in my opinion, disturbance of this pile is only warranted if it is currently <br />exhibiting instability. Disturbance of the environment to determine whether the <br />environment might be at risk, while legalistically correct, should be justified in light of the <br />relative magnitude of the risk believed to exist. <br />In order to evaluate the stability of the pile as it exists, I accompanied you to the site on <br />Tuesday, March 16, 1999. As I result of that reconnaissance, it is apparent that <br />vegetation has become "very well" established on the pile. In my opinion, based upon my <br />20 years experience with the site and other mines throughout the State, the pile appears <br />to be stable. Yowmentioned that a specific OSMRE concern focused upon an apparent <br />observation of a misaligned (leaning down slope) Juniper tree. I closely observed the tree <br />in question and the surrounding ground. I found no evidence to suggest that it's <br />orientation was the result of abnormal down slope or rotational movement. The out slope <br />of the waste pile is over-steepened. However, it displays no evidence of instability. I <br />conclude that redisturbance of this stable and well revegetated pile is not warranted. <br />In my opinion, the only activity which is warranted in this instance would be slope <br />monitoring by the operator to further verify it's stable performance. Further, the operator <br />should be advised that any future instability within the old waste pile will require remedial <br />treatment. <br />cc: Larry Routten <br />Dave Berry <br />Doc: M:\COAL\JAP\Bowwpins.wpd <br />JP/jp <br />