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Mid-Term Review Responses III West Elk Mine Permit C-80-007 Page 2 maps become progressively out of line with areas on other maps. Areas can and should be realigned for comparison by rectification. The apparent discrepancies MCC believes are explained with map rectification are the areas above the substation, near the water tank near the portals, the area near the mine supply storage areas, and near the water intake building. Several areas which were re-handled (as discussed with CDMG in Round II) which were included as areas to be re-topsoiled on the Envirocon map. Since these areas have already been topsoiled, they will not require additional topsoil. However, it is reasonable to presume that several of the areas will be re-disturbed to achieve the approved post-mining topography. When this is undertaken, the existing topsoil will be removed prior to grading and replaced on the final topography. Therefore, there is no shortage of topsoil in these areas, and the Envirocon map is overly conservative with respect to these areas. The areas in question are several areas between FW-1 and IvfB-I, south of FW-1, the embankment below the shop, fuel storage, and three sided warehouse, embankment below the lower mine access road, northeast of FW-1, and the uphill side of the main haul access road above and below the pile. Additional areas of concern will not be re-topsoiled because they will not be reclaimed (in accordance with the approved permit), or cannot be topsoiled because of topography. The road main access road along the LRP and up Sylvester Gulch from Highway 133 will not be reclaimed. The areas below the screening facility and around the stacktube and reclaim system pad are cliffs, and are undisturbed and cannot physically be topsoiled. The area east of the screening facility is undisturbed. Two areas which are under investigation are the upper diversion ditch (DCW-lA and DCW-1B) and Ditch D1-6. Topsoil was stripped during the construction of these ditches and is presumed to have been windrowed beside the ditches. MCC is undertaking field verification of this presumption. Additionally, as discussed at the mine, MCC is providing the Division with a map comparing the Envirocon map and Maps ~6 and 67. 8. MCC has modified Map ~8 to include approximately three additional acres of shrub clumps. 10. The statement referenced in this question was not part of MCC's response, but was original permit text regarding topsoil salvage. It means that subsoil can be salvaged and reconditioned as topsoil, but some subsoil cannot and is used in constructed fills, etc. The revised page submitted previously was 2.04-44, wherein MCC committed to using the subsoil stockpile in Sylvester Gulch for use in reclamation only. No subsoil will be used off site or off the permit area for reclamation or any other purpose. The subsoil available for reclamation in the fills has been accounted for (for the purposes of backfilling and grading) in the current existing contours on Map 53.