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The maximum production rate proposed during the first permit term is 560,000 tons/year. The following stipulation is necessary: Stipulation No. 8 PRIOR TO EXCEEDING THE 400,000 TON/YEAR PRODUCTION LEVEL, THE PERMITTEE WILL FIRST OBTAIN THE NECESSARY AIR QUALITY PERMIT REVISIONS. In the Preliminary Adequacy Review, the Division requested that more detail be provided regarding methods of fugitive dust control. In response, the applicant has provided a paving schedule for the haul road, and indicated that coal would be wetted to suppress dust as necessary. A May, 1982 Inspection report noted dust problems as a result of coal spillage from haul trucks along the haui road within the permit boundary. The operator agreed that the problem was caused by overloading of the haul trucks. The practice was corrected, and the problem has not been noted in subsequent inspections. Several residents of Delta, Colorado who live adjacent to the load-out, filed complaints with the Health Department regarding coal dust during the summer of 1982. The applicant implemented measures including snow fencing and application of chemical dust suppressants as outlined in a plan required by the Health Department in response to the public complaints. Subsequently, the coal fines stockpile which was a major contributor of coal dust was relocated to the north, away from the affected residences and the surface formerly occupied by the stockpile has been topsoiled and seeded. The proposed operation is in compliance with the requirements of this section. XI. Topsoil - Rules 2.04.9. 2.05.3(5). 2.05.4(2)(d) and 4.06 Soils resource information is presented on pages 67-70 of the application. Information on topsoil salvage and redistribution is found on pages 108 through 111 and 130 through 131, respectively. This information has been reviewed for compliance by the Division. Minimal amounts of topsoil will be availabie for reclamation, due to the fact that topsoil was not salvaged prior to the initial mining disturbance in the draw, and soils are naturally shallow and rocky on the slope to be disturbed in the future by the refuse disposal. The initial disturbance occurred prior to the promulgation of Federal and State reclamation laws. Neither Grand Mesa Coal Company nor Western Associated Coal Corp. were associated with the Red Canyon Mines at that t1 me. The soil type which has been affected by the surface facilities of the Red Canyon No. 1 and which will be affected by the proposed Red Canyon No. 2 disturbance is the Beenom-Absarokee Association. An average depth of 5" is available on the slope to be disturbed by the refuse disposal. Soil depth in the area to be disturbed by the proposed sediment pond and Red Canyon No. 2 portal bench averages 12". The operator proposes to salvage all available topsoil in these areas. Portions of the areas to be affected during this permit term have been previously affected by pre-law mining activity and the topsoil has been buried beneath overburden piles or mixed with other materials. -34-