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~'~,.~ ,: M, ~~' 999 United States Department of the Interior OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT N~~E _fpN ~~z~~~~~ 219 CENTRAL AVENUE, NW ALBUQUERQUE, NEW MEXICO 87102 SEE ~y 05tH Rero~ April 11, 1984 Fred B Coal Coordinator Mined Land Reclamation Division Department of Natural Resources 723 Centennial Building 1313 Sherman St. Denver, CO 80203 RF~~~~ ~Mi q'°R ~~ ~~,~',~,._ ~ X989 a A /~i ~~Y RE: MLRD's response to OSM Ten-Day Notice (TDN) 84-2-244-4 Dear Mr. Banta: The Office of Surface Mining (OSM) has the Mined Land Reclamation Division's subject TDN: The TDN was written to address Terror to remove and segregate topsoil prior The area in question is an equipment st completed its review of (MLRD) response to the Creek Company's failure to disturbing an area. orage area. Your response to the subject TDN indicated that storage areas do not constitute disturbance and therefore did not come under the requirements of Colorado Rule 4.06. OSM disagrees with this reasoning and finds that MLRD responded inappropriately to the TDN. OSM's reason are as follows: Colorado Rule 4.06.1 (1) states "Before disturbance of areas affected by surface coal mining operations, topsoil and subsoils to be saved under 4.06.2 shall be separately removed and segregated from other materials." (emphasis added)Rule 4.06.2 (1) states "... Topsoil shall be removed from areas to be affected by Surface coal minin o erations...before... any other disturbance.... emphasis added Colorado's Surface Coal Mining Reclamation Act Section 34-33-102 (26) (b) defines "surface coal mining operations "as" "The 'areas upon which such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or otherproperty or materials on the surface, resulting from or incident to such activities."(emphasis added)