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i <br /> <br />Mr. Robert Hagen, Director - 2 - June 27, 1989 <br />In addition, there is no evidence of slumping or general slope failure. The <br />area was backfilled and graded to AOC in 1986, Phase I bond release was <br />subsequently granted with OSMRE concurrence. There is no evidence that the <br />portal was not sealed and backfilled as reouired by the terms of the permit. <br />This area is apparently experiencing <br />consolidation. It is not the result <br />material. The No. 3 portal area has <br />terms of the permit and is apparent) <br />does not believe that these features <br />postmininq land use, <br />minor settlement of the backfill due to <br />of general instability of the fill <br />been reveaetated in compliance with the <br />r becoming well established. The Division <br />will interfere with the approved <br />We have required that the operator fill in the two features by hand in order <br />to minimize damage to existing vegetation and the potential for water <br />infiltration. This should resolve the problem, Since the operator backfilled <br />as required and subsequently received bond release we feel no violation exists <br />at this time. <br />The Division's decision to not issue NDV's for these TDN's is appropriate <br />since no Violations of the terms of the permit or performance standards exist. <br />Sincerely, <br /> <br />James C. Stevens <br />Senior Reclamation Specialist <br />JCS/.v.i b <br />cc: William Crick <br />7612E <br />