1985-10-21_GENERAL DOCUMENTS - C1981017 (2)

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Mr. Robert Hagen - 2 - August 13, 1985 According to Mr. Bowman, it would have been difficult to properly seal the well during this period. The mine was still experiencing snowmelt and access to the well by a welding truck would have been impossible. I understand from Candace Thompson that these wet conditions were also evident at the time of the joint inspection when it was noted that topsoil stockpiles in the area were saturated. Based on this information, the Division feels that Mid-Continent acted in an appropriate manner in the management of the well . The evidence supports the fact that Rule 4.07.1 (2) was not violated. In such instances, however, the Division should be notified of such discoveries and appraised as to how the operator intends to manage the situation. The second item within the TDN addresses lack of seeding on the embankments of the B and C ponds at the Rock Tunnel Disposal area. After review of the certification reports, it became apparent that the embankments were completed by August 17, 1984. Therefore, it appears that seeding of these embankments could have been accomplished during the approved fall seeding season for Coal Basin Mines. Upon raising this as an issue of potential Violation with Mid-Continent, representatives of the Company provided an explanation of why the required seeding was not accomplished. Due to the timing of Division approval of a seed mix combined with delays in securing the necessary seed and an unforseen early snowpack, Mid-Continent was not able to seed these embankments. These embankments were inaccessible due to snow cover from mid-October through the winter because they occupy north-facing slopes. Mid-Continent' s intent to comply with their permit is evidenced by the fact that other accessible disturbed areas on south-facing slopes were seeded. The documentation Mid-Continent has provided is included with this letter for your pursual . Based on the facts presented, the Division feels it would be inappropriate to issue a Notice of Violation. Further, because these embankments may be disturbed for repair, seeding of the embankment will be delayed until after repair is accomplished. The optimal time of year for seeding, in any event, is during the months of October and November. In regard to the timing for response from the Division for this TDN, the Division did not receive the Certified mail copy of this TDN. We were under the impression that this Certified copy would initiate the ten day time frame. We would appreciate your tracking this Certified copy to find it. If you should have any questions concerning these issues, please contact me. Sincerely, Brian E. Munson Senior Reclamation Specialist BEM/mis 2569F