1986-02-18_GENERAL DOCUMENTS - C1981017

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EXHIBIT 6 ,`�' M r►ti United States Department of the Interior o OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 219 CENTRAL AVENUE,NW M" ALBUQUERQUE,NEW MEXICO 87102 August 29 , 1985 �i7�� t.� t� y. � ti �— Fred Banta, Coal Supervisor SFr i�o Department of Natural Resources Mine Land Reclamation MINED LANE) 423 Centennial Building RECLAMATION DIVISIC 1313 Sherman Street Denver, Colo 80203 Re : MLRD response to Ten-Day Notice (TDN ) #85-2-244-6 , TV 3, Midcontinent' s Coal Basin Mines Dear Mr . Banta : The Office of Surface Mining (OSM) has reviewed your offices response to violation #1 of the above mentioned TDN , and finds it to be inappropriate . The design criteria for the BAT ponds requires that the ponds discharge in a series . Your assumption that the flows from this series of impoundments still passes through a pond series ( the Arctic Circle pond system) has no bearing on the violation because the approved design shows them discharging in a series . The area will be re-inspected by OSM . As for the topsoil issue, OSM should have written a separate violation in the TDN to address the loss as noted. This matter is being corrected, TDN #85-2-244-12 is enclosed for the company' s failure to salvage topsoil during this mining operation . OSM' s review of your office' s response to violation #2 also is inappropriate. Records examined at the mine office shows that material less than six (6 ) inches was to be used in the embankment, however, visual inspection of the surface area indicates that material greater than that was placed in the embankment. It should be noted that the compaction test result forms only reports what the compaction results are and does not certify the gradation of the lift that was tested . OSM is also reluctant to accept the results of the nuclear densiometer tests for this type of fill due the occurrence of the rocks .