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Mr. Michael Long September 7, 1993 Page 4 The language of the NOV implies that the Regulations require some sort of permitting process prior to consolidation of topsoil piles. The Inspection Report refers to Regulation §2.05.3151 as the basis for this requirement. That section simply requires a plan for topsoil management in the permit. It does not require a separate permitting process for every movement of topsoil within a permit boundary. Indeed, the permit for the West Elk Mine includes a detailed topsoil management plan, and the topsoil stockpile into which this topsoil was deposited is fully described in that plan. See, eTa•, Permit at 2.05-40. Further, a map prepared in January of 1993 (attached at Exhibit L) and submitted to the Division as part of Technical Revision (TRI-64 shows the stockpiles at issue as former topsoil stockpiles. Mountain Coal promptly revised its permit document to reflect the consolidation of these piles. There is no requirement to revise the permit prior to topsoil relocation. The relevant Regulations require only that the Division approve movement of topsoil piles, consistent with the topsoil management plan in the permit. Because the Mountain Coal Company received that approval from the Division prior to consolidating these topsoil piles, NOV C-93-113 must be vacated. 3. Lioht Use Roads In NOV C-93-114, the Division alleges that Mountain Coal "[failed] to submit proper permitting documents for light use roads on the mine site." The "road" at issue is a flat area of land near the base of the refuse pile at the West Elk Mine. The NOV also refers to "upper roads used to access diversion ditches and monitoring [sites]." It is not clear to what areas of the West Elk Mine this sentence refers. The Inspection Report accompanying this NOV states that the NOV was issued solely for the area near the base of the refuse pile. As noted in the permit for the West Elk Mine, Mountain Coal Company neither constructed nor maintains any light use roads at the mine. Permit §2.05.3(3) (p. 2.05-21). Mountain Coal Company occasionally drives vehicles on surface areas within its permit boundary that are neither haul roads or access roads. Those areas are not for that reason considered light use roads. The Regulations define a road as "a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations." Regulations, § 1.04(111). The definition of road excludes construction roads, pioneer roads, and public roads. (Mountain Coal is aware of the proposed rule amending that definition. That proposed rule is, of course, irrelevant to the merits of this NOV.) To be a road, however, an area must have a clearly defined right-of-way. Simple use of a surface area by land vehicles does not, by itself, make that area a road. The definition of road then describes three types of roads subject to regulation: haul roads,