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Lorencito Canyon Mine (C-1996-084) MT- 04 <br />access road or topsoil piles are adjacent to the Lorencito stream channel. This approval is no longer <br />granted, as the areas requiring protection have been bond released under SL -02. It appears that <br />other disturbances, in particular Pond 5 and Pond 7a, require a variance from Rule 4.05.18. NECC <br />should submit a minor revision to amend the PAP to account for these ponds (and other <br />disturbances as necessary). <br />The Division approved a variance from topsoil removal, in accordance with Rule 4.06.2(2)(a), for <br />those areas of the surface mine where the slopes exceeded 50 percent. Since topsoil removal <br />activities at the site are complete, this variance is not relevant to current conditions and is no longer <br />granted. <br />The applicant had originally requested additional time for backfilling and grading following coal <br />removal in a contour strip mine. A detailed written analysis in the PAP demonstrated that additional <br />time was necessary, and the Division approved the additional time for this area. Since backfill and <br />grading activities at the site are complete, this variance is not relevant to current conditions and no <br />longer granted. <br />Section V - Enforcement Actions <br />No enforcement actions are currently pending at this site, and the mine is in compliance with the <br />Rules and Regulations. No violations have been issued since Permit Renewal No 3. <br />Section VI - Identified Issues and Required Revisions <br />The Division has identified the following to be addressed by NECC. <br />• In the 2014 ARR for Lorencito, DRMS noted (letter of 19 February 2015) that there is an error <br />on the ARR forms: Phase III released areas have been erroneously included in the total of <br />disturbed acres. Please address this issue. <br />• As necessary, please update the list of owners and controllers in the PAP. <br />• As noted above, it appears that other disturbances, in particular Pond 5 and Pond 7a, require <br />a variance from Rule 4.05.18 (Stream Buffer Zones). NECC should submit a minor revision to <br />amend the PAP to account for these ponds (and other disturbances as necessary). <br />• The Division recommends that the check dams above Pond 6 be discussed in the text and <br />added to appropriate maps in the PAP because they are important sediment control <br />structures. <br />• Map 2.05.3-5 appears to be missing a culvert above Fill 7. This and other omissions should be <br />added to this map. Insure that what is on the ground matches what is in the PAP. <br />• Please clarify the plan and designs for ditches on-site, particularly the ditches on the sides of <br />the fills. The text in the PAP (page 2.05-30) indicates that fill -related structures are shown on <br />Map 2.05.3-2; however, the side ditches are not shown on this map. The ditches are shown <br />Page 10 of 10 <br />