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

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—T -b N — c2gy — J? Na Z M E M O R A N D U M TO: MLRD FROM: Mid-Continent Resources DATE: July 26, 1985 RE: Seeding - Tunnel Ponds PERMIT Mid-Continent feels applicable regulatory requirements are: 4.15. 3 Seeding and Planting (1) Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation for seeding or planting. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. " 4.13 Contemporaneous Reclamation Reclamation efforts, including revegetation, of all land that is disturbed by surface coal mining operations shall occur as contemporaneously as practicable with mining operations. In our view, we are in compliance with both regulatory requirements with respect to seeding of the tunnel ponds. Seeding and planting is best done in the late fall at Coal Basin. Mid-Continent has followed a longstanding practice of seeding during the months of October and November. The approved permit for Coal Basin, and the section concerning the tunnel, both state that seeding will be done in the late fall, during October and November. Mid-Continent made all reasonable and customary preparations for seeding and planting disturbed areas, including the tunnel ponds, in anticipation of seeding at the approved time, namely October and November. However, unanticipated rain and snow conditions during October and November, 1984, made seeding of the tunnel ponds virtually impossible. The weather was beyond the control of the operator, and could not have been predicted. The tunnel ponds became accessible during the spring of 1985. At that time Mid-Continent observed they were leaking, and would have to be repaired. Those repairs will entail further excavation and disturbance. It does not seem reasonable to Mid-Continent that they be seeded until after the repairs have been made.