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will have precedence over those of the mine; however, with proper management and storage, both uses can be satisfied even during periods of low flow. 6) Ref: Topsoil - Rules 2.04.9. 2.05.3(51. 2.05.4(2)(d) and 4.06 MLR Comment: "Baseline soils information and the topsoil removal and redistribution plans in Volume I, pages 3-109 to 3-123 and 4-65 to 4-68 and Volume II, Appendix 3.5-1 were reviewed for compliance with the regulation. Topsoil will be salvaged from all areas proposed to be disturbed and placed in topsoil stockpiles. The location of topsoil stockpiles for the coal refuse impoundment are shown on map 3.5-1. The applicant did not indicate where topsoil from the surface facilities area will be stockpiled due to potential requirements for visual barriers by Garfield County. Therefore, the following stipulation is necessary: THE PERMITTEE MUST SUBMIT A PLAN TO THE DIVISION SHOWING WHERE ALL TOPSOIL SALVAGED FROM THE FACILITIES AREA WILL BE STOCKPILED. THE PERMITTEE MUST OBTAIN DIVISON APPROVAL OF THIS PLAN PRIOR TO ANY DISTURBANCE." SRM Response: Topsoil salvaged during Phase "A" development will be stockpiled in large berms to provide visual barriers between existing and proposed surface facilities and off-site viewers. These topsoil stockpiles will be located as shown on the revised version of Map 3.5-1. This revision should eliminate the need for stipulation No. 7. MLR Comment: "The soils resource information shows that the applicant has insufficient topsoil at the coal refuse impoundment area to meet the requirement of Rule 4.10.4 for replacing four feet of cover over the coal refuse. The applicant proposes to strip additional material as non-toxic, non-combustible cover following topsoil removal. The topsoil will be stored in two stockpiles and the overburden will be in one stockpile, all above the coal refuse impoundment. Several deficiencies still remain in the topsoil salvage plan at the coal refuse impoundment which must be