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EXHIBIT 9 <br /> • $"T Or T,y <br /> United States Department of the Interior <br /> ' OFFICE OF SURFACE MINING <br /> RECLAMATION AND ENFORCEMENT <br /> 219 CENTRAL AVENUE,NW <br /> ALBUQUERQUE,NEW MEXICO 87102 <br /> OCT 17 1985 �+ n <br /> Mr. Fred Banta , Coal Supervisor OCT 211985 <br /> Mined Land Reclamation Division nsi. r <br /> Depa-rtment of Natural Resources tr;,jitD LAND P,E-3LA *ATi'w�.i+� <br /> 423 Centennial Building C010. 060. Of Pti;lu;a! Resaurc-=:, <br /> 1313 Sherman Street <br /> Denver, Colorado 80203 <br /> Re : Mined Land Reclamation Division response to <br /> TON #85-2-244-12 , Midcontinent, Inc . , Coal Basin Mine <br /> Dear Mr. Banta : <br /> Your office has included comments about OSM ' s TON <br /> #85-2-244-9 in this response . OSM recognizes that the two <br /> violations are similar in nature, in addition to being <br /> issued for the same inspectable unit . Despite the <br /> parallels , OSM has already addressed your office ' s response <br /> to TON #9 in our earlier response . At this time, this <br /> review will be restricted to TON #85-2-244-12 . <br /> OSM finds that your office ' s response to TDN #12 is <br /> inappropriate . The operator failed to remove topsoil or a <br /> substitute or other supplemental material as may have been <br /> approved by the Division (CCMR #4 .06 .2( 2 ) ( a) and (4 ) ( a ) ) . <br /> As your office has pointed out, the operator may not have <br /> topsoil to remove in the area of the BAT ponds , but a <br /> request should have been made to remove and store in an <br /> acceptable fashion the substitute material as part of their <br /> regulatory requirement. <br /> The area disturbed for the BAT pond construction will be <br /> reinspected for topsoil or subsoil salvage. The permits <br /> concerning the matter will also be rechecked. <br /> Sincerely , <br /> gen, ector <br /> lbuquerque Fiel ffice <br />