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O� CO�o <br /> o DEPARTMENT OF NATURAL RESOURCES <br /> David H.Getches,Executive Director <br /> MINED LAND RECLAMATION DIVISION <br /> 1876 DAVID C. SHELTON, Director <br /> Richard D.Lamm <br /> Governor <br /> i <br /> September 9, 1985 <br /> Mr. Robert Hagen <br /> Office of Surface Mining, Albuquerque Field Office <br /> 219 Central Avenue, N.W. <br /> Albuquerque, New Mexico 87102 <br /> Re: Response to Ten-Day Notice 85-2-244-12 and 85-2-244-9 <br /> Dear Mr. Hagen: <br /> Previously in our response to Ten-Day Notice (TDN) 85-2-244-9, the matter of <br /> topsoil removal at the Arctic Circle BAT ponds was addressed. This response <br /> follows: <br /> "Regarding OSM's statement that topsoil was not salvaged, the <br /> material dredged from the ponds was placed in the <br /> embankments. Due to the boggy nature of the area, the <br /> material would be a homogenous mix. Any topsoil material <br /> present is still available within the embankment if <br /> reclamation were required of these ponds. For the above <br /> reasons, the Division does not believe a violation exists." <br /> Since the time of this response, further inspection of the site has been <br /> undertaken. The area was walked and it was noted that coal and coal refuse <br /> material is present throughout the surface area and also present in erosive <br /> cuts visible from two to three feet in depth. The area drains the steep <br /> outslope of Mine No. 1 which has experienced overcasting of refuse material <br /> since 1957. Colluvial wash material is present at the area of the BAT ponds <br /> and is largely derived from this coal waste on the outslope. As previously <br /> noted, the coal material is present throughout the surface of the BAT pond <br /> area and was noted to be present at depth in all visible erosive cut <br /> channels. <br /> The Division questions whether this material is truly of a topsoil nature. <br /> However, as stated in our initial response, all dredged material has been <br /> placed in the embankment of the ponds. No distinct soil horizons were noted <br /> to the three foot depth so segregation does not appear to be warranted, The <br /> embankments have been seeded and mulched to protect them from erosion. Also, <br /> the swale spillways have been repaired to drain in series. For all these <br /> reasons, the Division finds no evidence of a violation. <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />