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1 <br /> • <br /> Fred Banta, Coal Supervisor Page 2 <br /> would expect that Midcontinent would plant temporary cover <br /> on small disturbed areas in early spring, to be later <br /> replanted with the appropriate mixtures when the proper <br /> planting season occurred . <br /> The discussion about seed mixtures , the change thereof, and <br /> the relevance to this NOV has not changed the situation . <br /> Regardless of the availability of seed, OSM would expect <br /> Midcontinent to use a temporary seed mix for the pond <br /> embankments . Again , if the mixture was not adequate, it <br /> should have been replanted during the appropriate season . <br /> Midcontinent indicated that it was their intent to hold off <br /> on the seeding of the embankments until such time as the <br /> stability could be ascertained . This is contrary to Mr . <br /> Fritz ' s understanding of the situation . He discussed the <br /> stability of the embankments with Mr. Bowman during the <br /> inspection . Mr . Bowman said that he was aware of the seeps <br /> at the time of the inspection and had been aware for a <br /> couple of months prior to the inspection . However, he <br /> mentioned that it was Midcontinent' s intention to watch the <br /> embankments - there was no schedule at that time for <br /> repair. Repair was initiated only after OSM cited the <br /> construction techniques in TON #85-2-244-9 , violations #2 <br /> and 3 . MLRD ' s review and response concerning this violation <br /> is not adequate . The area will be reinspected to determine <br /> if the violation still exists . <br /> Sincerel <br /> o ' rector <br /> e ffiAbuquerque Fi ce <br />