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Bowie does place refuse material on Gob Pile #2 in a controlled manner to ensure stability of the fill. <br />Placement of the material in a controlled manner occurs after the gob material has been sufficiently <br />dried so compaction specifications can be attained. <br />NOV Item 2 <br />Rule 4.09.1(7) , Failure to transport and place, on Gob Pile #2, refuse material in horizontal lifts in a <br />controlled manner, and concurrently compact as necessary to ensure mass stability and prevent mass <br />movement. <br />The Rule states, The excess spoil shall be transported and placed in horizontal lifts in a controlled <br />manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, <br />covered with topsoil or substitute material in accordance with 4.06, and graded to allow surface and <br />subsurface drainage to be compatible with the natural surroundings and ensure a long -term static <br />safety factor of 1.5. <br />The moisture content of the gob as it comes out of the wash plant prohibits concurrent placement of <br />gob in uniform horizontal lifts, ready for compaction. The Buckhorn Geotech reports in the permit <br />application package state 'Proper management of coal waste moisture content during placement will <br />reduce the pore pressures within the fill and enhance stability. As practical, waste materials in excess <br />of the optimum moisture content should be allowed to dry prior to placement. Blending wet material <br />with drier material may also prove to be an effective moisture content management strategy'. <br />Gob is continually accepted from the wash plant, regardless of the daily weather conditions. In order <br />to allow gob to dry, it is end - dumped and continually worked and blended to get it near optimum <br />moisture content. Precipitation in any form impedes the drying efforts. <br />Work on the gob pile is an ongoing process. Other than the majority of gob pile #4 and the first bench <br />of gob pile #2, no other portion of the piles could be considered 'final'. They must be considered in <br />progress, and therefore, one cannot expect that wet gob can be concurrently compacted. The end - <br />dumped gob material has remained stable. <br />Approval of TR -75 was granted with an outstanding adequacy item that the east half of gob pile #4 <br />would be regraded when weather conditions were more favorable. Adequacy item 4 (letter to DRMS <br />dated February 8, 2013) explained that to place up to four feet of fill and achieve compaction during <br />inclement weather conditions was very difficult. DRMS concurred, and approved the Technical <br />Revision with the condition that the east half of gob pile #4 would be re- graded when weather <br />conditions were more favorable. The Operator asks for the same understanding and consideration in <br />this circumstance. The Operator is not trying to violate the rules, rather explain the realities of <br />managing a coal mine waste pile during inclement weather conditions. <br />NOV Item 3 <br />Failure to consider the steepness of slopes, seepage, and other visible factors which could indicate <br />potential failure, as part of the quarterly inspection as required by Rule 4.10.2(c). <br />