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Carol Pahlke December 23, 1980 Page 17 Reading these two provisions together, the position of MLRD that Kerr Coal must remove the topsoil from the impoundment areas of sedimentation ponds cannot withstand critical analysis. None of the removal or placement activities described in Rule 1.04(36) occurred within the impoundment area of the existing sedimentation ponds during construction of the embankments for those ponds, nor will such removal or placement activities occur during the construc- tion of the proposed sedimentation ponds. Conse- quently, these impoundment areas are not "disturbed areas" within the meaning of Rule 1.04(36). It fol- lows that Rule 4.06.2(2) is not applicable to these areas. Clearly, MLRD cannot trigger the require- ments of Rule 4.06.2(2) by requiring Kerr Coal to "disturb" these areas. 1980 Memo to Carol Pahlke from Roy Cox Regardi 1. As stated in my memo of November 24, 1980, data and maps submitted by Kerr Coal, in my opinion, indicates that the spring in Section 22 of Lease 22777 will be affected by mining. Additional support for this opinion is that the mine pit will cut through the quaternary upland terrace deposits. This will cut off upland sources of water to this spring. The HLM has expressed its concern over drying up this spring since it is a stock and wildlife watering site. To alleviate BLM concerns, Kerr Coal should monitor the spring monthly for flow (quantity) and annually for chemistry prior to, during, and after mining the upper pit. The spring monitoring proce- dures should be added to the ground water monitoring section in 780.21(b). The "Protection and Mitigation" section should include a statement as to method of replacing this source of water if the spring were to be dry. One method to consider would be a well and windmill. Response: As shown on Map 15a, the spring in Section 22 issues water from upland terrace deposits. Although some of these deposits will be mined through, since the deposits receive recharge directly by infiltration uphill from the spring, mining may not "cut off upland sources of water to this spring", and the spring may not be affected at all by mining. To document the effects of mining on the spring, Kerr Coal will monitor quantity and quality of water in the spring on a monthly basis.