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I FlcheM D. Lamm Governor III III III IIIIIII III 999 DEPARTMENT OFNATURALRESOURCES DeviO H. Getehsa Exeeuthrs Director MINED LAND RECLAMATION DIVISION DAVID C. SNELTON, Dlnetor March 15, 1984 Mr. Robert H. Hagen, Director Albuquerque Field Office Office of Surface Mining 219 Central Avenue, N.M. Albuquerque, New Nexlco 87702 Re: Ten-Day Notice No. 84-2-244-4 F11e No. C-059-83 Dear Mr. Hagen: Ten-Day Notice 84-2-244-4 was issued for Terror Creek Company's "Failure to remove and segregate topsoil prior to disturbed an area." Rule 4.06.1(1), which was cited to the Notice, requires that topsoil and subsoil be saved ar removed prior to disturbance. "Disturbance" 1s not defined in the regulations, but "Disturbed Area" is defined by Rule 1.04(36) as: " ... an area where vegetation, topsoil, or overburden is removed, or upon which topsoil, spoil, coal processing waste, or non-coal waste is placed by surface coal mining operations." Storage of supplies such as extra belting, wood, and other non-contaminating materials would not constitute disturbance and, as such, topsoil salvage from such an area is not required by the regulations. further, Section 34-33-120(2)(e) of the Act specifies that topsoil not replaced immediately on a backf111ed area shall be managed such that it is "preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and 15 in a usable condition for sustaining vegetation when restored during reclamation." The area 1n question does support a vegetation cover and 1s 1n a location not subject to wind or water erosion. Acid-forming or toxic material will not be stored at the Site. Therefore, upon final reclamation and following ripping and seedbed preparation, the soil will be to a "usable condition for sustaining vegetation." 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 8663567 i ~ Y'•