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Mr. Michael Long September 7, 1993 Page 5 access roads, and light use roads. Light use roads are those "used on an intermittent basis," especially for monitoring. The area near the base of the refuse pile is used occasionally by land vehicles, primarily for maintaining diversion ditches in that area. This area is not, however, a "right-of-way," and therefore is not, by definition, a "road." Since this area is not a "road," it cannot be a "light use road." There must be a distinction between road and nonroad areas for the definition at Section 1.0411111 and the requirements of Section 2.05.3 to be meaningful. Indeed, Mountain Coal is in the process of permitting a light use road as part of a permit revision for new surface impoundments and coal storage at the West Elk Mine. This new road will be a well defined right-of-way that will be used to monitor the surface pond and coal storage. It is this type of use that triggers the permitting requirements for light use roads, not the mere possibility that a land vehicle might pass over an area. The interpretation of "light use road" underlying the NOV is overbroad and inconsistent with the intent of the regulations. NOV C-93-114 must therefore be vacated. Mountain Coal Company would welcome the opportunity to meet with you to discuss these NOVs. Mountain Coal Company does not at this time intend to request an assessment conference on these NOVs prior to seeking Board review of them. Mountain Coal therefore recommends a meeting if you would like to explore further the facts underlying these NOVs. Thank you for considering this request. Sincerely, Scot W. Anderson Attachments cc: David Berry, Division of Minerals and Geology (w/attachments) Steven Renner, Division of Minerals and Geology (w/attachments) Christine Johnston, Division of Minerals and Geology (w/attachments) Terry L. O'Connor, DAT 3629 (w/attachments) Kathleen G. Welt, West Elk Mine (w/attachments)