_GENERAL DOCUMENTS - C1981017 (286)

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Analysis of Individual Concerns Raised in SePtember 13, 1993 better from William Jochems Refuse Pile Instability You state that one of your gravest concerns is the instability of the coal refuse piles, especially where Dutch Creek is eroding the base of the old refuse pile. I share this concern, although both OSM and the State are somewhat constrained in their ability to rectify the problems because portions of the old refuse pile predate the Surface Minnin Control and Reclamation Act of 1977 SMCRA g under Title V of that Act. The re-SMCRA �' and thus are not subject to regulation stabilization under the State's abandoned mine land rec a ationons of the n pro may be eligible for prov Pursuant to Title IV of SMCRA, ed but it is unclear whether or when the site am pwoul meet the State's project selection criteria. In July, 1993, OSM issued an enforcement action concerning certain aspects of thes Piles. The operator subsequently completed the required remedial action, but in e September, 1993, an interdisciplinary OSM site evaluation team concluded that additional work is needed to bringthe compliance with State and Federal reclamation requirements.o s o�a refuse piles into construction of permanent diversions around the piles, placement of adequate cover work includes ton the piles, installation of additional toe drains to control seepage, and the diversion of Dutch Creek away from the old refuse pile. At the present time, the approved reclamation plan for the mine does not require these measures but pP is in the process of requiring that the plan be revised to incorporate all Hof the it mtstdiscussed above except for placement of four feet of cover on the piles. OSM is currently evaluating the technical merits of Colorado's argument that adequate reclamation can be achieved with a lesser amount of cover. Instability of Road Cuts in Mancos Shale Some of the mine's access and haul roads are constructed in the Mancos Shale wh is highly erodible and difficult to stabilize. Although surface runoff is currently being controlled in accordance with the approved State program, I share our concern ing the long-term stability of these roads. The approved reclamation plan authorizesab out least partial retention of some roads, but it does not identify these roads or specify t condition in which they are to be retained. Nor does it specify how the remaining the roads are to be reclaimed. OSM is working with the State and the U.S. Forest Service to revise this plan and ensure that the final reclamation plan minimizes impacts on the environment.