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TUNNEL PONDS <br /> The tunnel ponds were completed to grade on August 17, with some <br /> work remaining to be done, including placement of rip rap, instal- <br /> lation of valve handles and catwalks. MLRD inspected Coal Basin, <br /> including an examination of hydrology (which does cover sediment <br /> ponds) on August 15 and 16. The inspector was therefore aware of <br /> the near-completion of the tunnel ponds. <br /> Mid-Continent wrote to Jim Herron of MLRD on August 29 to specify <br /> the 1984 seed mixture for 8 , 000 ' and 10 , 000 ' elevation. <br /> MLRD approved a minor revision for modification of the seed <br /> mixture on September 10, and wrote to Mid-Continent to indicate <br /> that approval on September 11. No mention was made of any require- <br /> ment that the disturbed areas be seeded at a time earlier than is <br /> customary in Coal Basin. Mid-Continent believes it was understood <br /> between the operator and the regulatory authority that the seed <br /> mixture was to be used for the fall planting of the areas disturbed <br /> during 1984 , which did include, of course, the tunnel ponds. <br /> In addition, the MLRD conducted an inspection of the Coal Basin <br /> mine site on September 5 and 6 , including examination for hydrology <br /> and revegetation requirements. The inspection report found "No new _ <br /> problems requiring enforcement action were noted during this <br /> inspection. " Had the inspector concluded there was a need for a <br /> seeding of the tunnel ponds, or any other disturbed area, ahead <br /> of the customary fall seeding, he would undoubtedly have required <br /> or suggested that Mid-Continent begin seeding immediately. That <br /> was not the case. The tunnel ponds were certified as complete <br /> on September 12, 1984 . <br /> Upon approval of the seed mix, Mid-Continent' s environmental 1W <br /> department gained company approval, and a purchase order was issued, <br /> dated September 21, for 1, 000 lb. of seed, costing some $5416 . The <br /> purchase order specified the seeds were to be shipped in 1 week. <br /> The company would not have spent so substantial a sum of money <br /> had it not intended the seeds to be used that fall. <br /> It has been the practice of P4id-Continent for several years to <br /> request delivery of seeds by October 1. Although this was also the <br /> case in 1984 , there was a delay in delivery of the seeds. In <br /> fact, they did not arrive at Coal Basin until October 11 , although <br /> Mid-Continent specifically asked the supplier to rush the order. <br /> On October 12 rain and snow were falling on Coal Basin, and <br /> continued falling throughout the month of October, an unprecedented <br /> occurrence of bad weather for that time of year. Snowfall totalled <br /> 32. 5" for the month. * <br /> The tunnel ponds are north-facing. From early October, when it <br /> began to rain and snow, the tunnel ponds could not be reached for <br /> seeding due to ground saturation, and then snowcover which lasted <br /> until spring. <br /> * See Attachment A. <br />