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no violation would have been issued. However, Mid-Continent points <br /> out that the purpose of informing the public would be poorly served <br /> in that the general public does not frequent the road which leads <br /> to the mine and the road is seldom used for other than mine-related <br /> travel , whereas Hwy. 133 is regularly traveled for a variety of <br /> public purposes. <br /> Pursuant to PL 95-87 and the Colorado Surface Mining Reclamation <br /> and Control Act, Mid-Continent has been inspected at least monthly <br /> by state/federal authorities for approximately a decade. At no <br /> previous time over this period has any inspector suggested that it <br /> would be necessary to post address and phone number at the actual <br /> permit boundary. While the posting of such additional information <br /> is not difficult, and will be done, Mid-Continent believes that an <br /> enforcement action by the state is unwarranted, unnecessary, and <br /> inconsistent with the OSM/Division policy over the last decade. <br /> NOV C-89-033 Failure to remove topsoil from areas <br /> affected by surface coal mining <br /> operations. <br /> CITED <br /> 34-33-120 (e) <br /> Remove the topsoil from the land in a separate <br /> layer, replace it on the backfill area or, if <br /> not utilized immediately, segregate it in a <br /> separate pile from other spoil, and, when the <br /> topsoil is not replaced on a backfill area <br /> within a time short enough to avoid <br /> deterioration of the topsoil , maintain a <br /> successful cover by quick-growing plant or <br /> other means thereafter so that the topsoil is <br /> preserved from wind and water erosion, remains <br /> free of any contamination by other acid or <br /> toxic material , and is in a usable condition <br /> for sustaining vegetation when restored during <br /> reclamation; except that, if topsoil is of <br /> insufficient quantity or of poor quality for <br /> sustaining vegetation or if other strata can <br /> be shown to be more suitable for vegetation <br /> requirements, the operator shall remove, <br /> segregate, and preserve in a like manner such <br /> other strata which is best able to support <br /> vegetation. <br /> 4 .06. 1 (1) <br /> Before disturbance of area affected by surface <br /> coal mining operations, topsoil and subsoils <br /> to be saved from 4.06.2 shall be separately <br /> 3 <br />