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.` _"' `~ <br />Ms. Carol Russell -2- July 22, 1983 <br />an unreasonable expectation in my judgment. We have not run soil tests <br />on the material, but we do not believe that a darker appearance and the <br />presence of willows is adequate basis fora violation. <br />I <br />With respect to assessment, if the seriousness is based on "last <br />topsoil", only minor amounts were lost in the process of rip rapping. <br />The material is still in the embankment." <br />Please let Larry Reschke know your decision on this matter. <br />Very truly yours, <br />William S. Tate, P.E. <br />Managing P,~ent for <br />Blue Ribbon Coal Company <br />WST:KES <br />cc: F. Banta -MLR <br />L. Reschke <br />