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�F, T OF r <br /> W4PpS `` y��ti� <br /> a, A United States Department of the Interior <br /> o OFFICE OF SURFACE MINING <br /> RECLAMATION AND ENFORCEMENT <br /> 219 CENTRAL AVENUE,NW <br /> ALBUQUERQUE,NEW MEXICO 87102 <br /> OCT 17 1985 <br /> Mr . Fred Banta , Coal Supervisor OCT 21 1985 <br /> Mined Land Reclamation Division 'Ar,^,F_ <br /> Department of Natural Resources cr'" ZO LAW fir,— <br /> 423 Centennial Building <br /> 1313 Sherman Street <br /> Denver, Colorado 80203 <br /> Re: MLRD delayed response to Ten-Day Notice #85-2-244-8 , <br /> Midcontinent Inc . , Coal Basin Mine <br /> Dear Mr . Banta: <br /> This letter is a follow-up to an earlier Office of Surface <br /> Mining (OSM) response to the Mined Land Reclamation <br /> Division' s (MLRD ) reply concerning Ten-Day Notice (TDN ) <br /> #85-2-244-8 . OSM ' s response was mailed from this office <br /> August 13, 1985 . At that time, it was noted that no <br /> response was to be considered as being inappropriate for all <br /> three violations . <br /> For the purposes of enforcement, OSM will review MLRD ' s <br /> delayed response to clarify our stand on the issues . Your <br /> discussion as to why a notice of violation was not issued <br /> for the company ' s failure to cap or otherwise manage the <br /> gas well is not a sufficient reason for non-issuance . The <br /> regulations , CCMR 4 .07 . 1 ( 1 ) and (2) require that each well <br /> shall be plugged, sealed, or otherwise managed as approved <br /> by MLRD . During OSM ' s inspection, Midcontinent did not have <br /> written approval from MLRD as to how the well was to be <br /> managed, nor had they made a request to MLRD as to the <br /> disposition of the well until the final day of OSM ' s <br /> inspection . The open gas well will be reinspected by OSM to <br /> determine if the violation still exists . <br /> The second violation of the TON was written for <br /> Midcontinent' s failure to seed the embankments of the B and <br /> C ponds at the rock tunnel disposal area . Midcontinent had <br /> ample time to mulch and seed the embankments . OSM does <br /> recognize that snow is certainly a factor to contend with at <br /> this mine, however, Mr. Fritz pointed out to me that Mr . <br /> Bowman of Midcontinent was asked about seeding snow covered <br /> areas . Evidently Mr. Bowman ' s reply was to the effect that <br /> it was not only possible, but that he had seeded areas in <br /> the past in such a manner. If the snow was too deep, OSM <br />