_ENFORCEMENT - C1981017 ‎(16)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-89-032
• Violation No.: C-89-032
• Media Type: D
• Archive: No

removed and segregated from other material.
4.06 . 2 (1)
Timing. Topsoil shall be removed from areas
to be affected by surface coal mining
operations after vegetation cover that would
interfere with the use of the topsoil is
cleared but before any drilling, blasting,
mining, or any other surface disturbance.
Vegetation cover shall be cleared only from
areas to be affected, to the extent necessary
to minimize the removal of topsoil along with
large vegetation material. Vegetation cover
may not be required to be cleared upon
demonstration to and approval by the Division
that such vegetation cover is necessary or
desirable to ensure soil productivity
consistent with the postmining land use.
MID-CONTINENT'S RESPONSE
When the road was constructed, a negligible amount of soil
apparently slid downhill from the lower portion of the road fill
and into the adjoining trees.
The soil in the cited area remains a plant growth medium; it is
protected from erosion or contamination, and has not been damaged
or destroyed. It has been, in effect, preserved from wind and
water erosion, remains free of any contamination by other acid or
toxic material, and is in a usable condition for sustaining
vegetation when restored during reclamation.
During construction of the road, vegetation was removed and topsoil
was salvaged and stored. This area cited in the NOV was not
directly affected or disturbed by the the actual construction of
the road; neither was it necessary to disturb this area in order
to achieve the required road width. Had Mid-Continent removed the
trees and soil in the area being cited, the environmental
disturbance and damage would have been greater than necessary for
construction of the road.
The requirement of the regulations cited, namely 4. 06.1(1) and
4.06. 2 (1) direct topsoil salvage from (4.06. 1(1) ) an area of
"disturbance" which is to be "affected by surface coal mining
operations, " and (4.06. 2( 1) ) "from areas to be affected by surface
coal mining operations. " This language directs the operator to
clear topsoil from areas which the operator intends to disturb or
affect in connection with the specific surface activity. But it
does not direct the operator to clear topsoil from areas which the
operator does not intend to disturb or affect for the specific
surface mining activity.
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