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paabody <br />PE4DODY C04L COMP4NY <br />Weetsrn Dlvlslon <br />RECEIVED <br />APR 0 3 1991 <br />Mined Land <br />Reclamation Division <br />March 28, 1991 <br />Mr. William E. Holgate <br />District Manager, District 9 <br />Coal Mine Safety and Health <br />Mine Safety and Health Administration <br />730 Simms <br />Golden, CO 80402 <br />III IIIIIIIIIIIII III <br />999 <br />1300 Soulh Vale <br />Flagstaff, Arizona 66001 <br />(602) 77a~5253 <br />RE: Seneca II-W Mine (ID No. 05-00304), <br />Sedimentation Pond 006, MSHA Citation 3410715 <br />Dear Mr. Holgate: <br />The above citation was issued March 5, 1991 for <br />failure to obtain approval for an impoundment that <br />has a capacity in excess of 20 acre-feet as <br />determined by your office. To abate this citation, <br />Peabody shall modify the configuration of Pond 006 <br />so that the structure will not be subject to the 30 <br />CFR 77.216 regulations. Plans for the modification <br />will be submitted to your office. <br />Since the Colorado Mined Land Reclamation Division <br />(CMLRD) is our primary regulatory authority, all <br />plans or modifications to plans for all types of <br />impoundments, as well as other surface mining <br />activities, must be approved by CMLRD prior to <br />construction or modification. CMLRD will review <br />the plans to determine compliance with the Colorado <br />Surface Coal Mining Reclamation Act and the water <br />quality standards promulgated by the Federal <br />Environmental Protection Agency. As required by <br />CMLRD, Peabody requests from your office, after <br />receipt and review of plans, a letter that states <br />Pond 006 will not be under your regulatory <br />jurisdiction. <br />Abatement Plan <br />1. Submit a revision to CMLRD by April 10, 1991 <br />that will contain plans for the following <br />structures: <br />a.) Reduction of emergency spillway elevation <br />to reduce impounding capacity of Pond 006 to <br />less than 20 acre-feet. <br />