APPCOR11480 - Laserfiche WebLink

Home Browse Search

Carol Pahlke December 23, 1980 Page 16 Response: The above statements by MLRD speak for themselves and do not require any response from Kerr Coal. Kerr Coal should indicate that topsoil will be stripped at all pond sites. The area to be stripped should at a minimum include the embankment area and the sediment storage area of the pond, and should contain a buffer area stripped to mini- mize topsoil lost during construction of the pond and pond sediment removal. Response: It is the legal position of Kerr Coal that there is no regulatory authority for the request by MLRD that Kerr Coal strip the topsoil from the impoundment areas of existing or proposed sedimentation ponds. Moreover, Kerr Coal cannot acceed to the position of MLRD, as expressed in the letter dated December 1, 1980 from Carol Pahlke to Kerr Coal, that since MLRD finds no regulation which excludes the impoundment areas of sedimentation ponds from topsoil salvage requirements, MLRD has the authority to require Kerr Coal to remove the topsoil from these areas. The impoundment areas of existing and proposed sedimentation ponds are not "disturbed areas" within the meaning of Rule 1.04(36); and, therefore, the requirements of Rule 4.06.2(2) are not applicable. Rule 1.04(36) reads as follows: "'Disturbed area' means an area where vegeta- tion, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste or non-coal waste is placed by surface coal mining opera- tions. Those areas are classified as disturbed until reclamation is completed and the perfor- mance bond or other assurance of performance required by Rule 3 is released." Rule 4.06.2(2) reads as follows: "(2)(a) Materials to be Removed. Topsoil, as determined in 4.06.2(2)(b), shall be removed in a separate layer from areas to be disturbed, unless the use of substitute or supplemental materials is approved by the Division in accor- dance with 4.06.2(4)..."