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:: ~` N ., o ~ ~ r United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 219 CENTRAL AVENUE, NW ALBUQUERQUE, NEW MEXICO 87102 J ~ 111 il~iiiillrrii iii c. ` 1 `~~ ~~ ~ ~ ~ ~ . J UN 2 2 ~ ol~ Sa~lnosa211e~n1eN33ti ON`n U3N~ Fred Banta, Coal Supervisor OISInti0y011tlw~ Mine Land Reclamation Division 14 n` Department of Natural Resources ~a6~~~'~ 423 Centennial Building ®~~`~p~~ 1313 Sherman Street °~ Denver, CO 80203 ~, ti~\/~ RE: Reclamation Division's response to OSM Ten-Day Notice No. 84-2-244-1 North Thompson Creek Mine - File No. C-025-81 Dear Mr. Banta: OSM has reviewed your office's response to Ten-Day Notice #84-2-244-1. The response is initially appropriate for ponds, #P-1, P-2, P-3, P-5, P-6, P-7, and P-8, as well as sediment ponds #1, #2, the truck dump and wash down pond. OSM does not have enough information to evaluate Snowmass Coal's certification of the Wash Plant pond. Your office's response concerning the certification does not include data about the ponds being designed to settle fines for a specified work load. Has this been considered? The operator failed to show the ponds as built conditions meet permanent regulation standards or that new designs were submitted specifying they were reconstructed to upgrade to permanent regulations. Judgement on your office's response will depend on the review of the information. Until such time, this portion of the Ten-Day Notice is still pending. Consider this correspondence as the beginning of a new Ten-Day period. Refuse Pond¢ The registered professional engineers statement indicates that this pond was constructed as approved in the original design. Paragraph 2 of the same document explains that the pond is under design capacity by 3.7 percent. These are contradictory statements. OSM failed to cite the appropriate regulation in the TDN for this pond. Conse- quently, a new Ten-Day Notice is being issued for the failure to construct this pond according to the approved design. (84-2-244-7, violation #1) if your office finds that the percentage of under design is not significant then as built drawings should be submitted by the operator to the regulatory authorities for approval.