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I. Discharge of Water into an Underground Mine <br />No specific approvals are granted under this section. <br />J. Stream Buffer Zones <br />1. The Division originally approved surface mining activities within 100 feet of a <br />perennial stream or stream with a biological community. This decision was <br />based on a finding that the original stream channel will be restored, water <br />quality and quantity shall not be adversely affected, and appropriate riparian <br />vegetation will be reestablished. The buffer zone variance was granted for the <br />areas located along Lorencito Canyon where the haul road, access road, or <br />topsoil piles are adjacent to the stream channel. This approval is no longer <br />granted as the areas requiring protection have been bond released under Surety <br />Release No. 2 (SL -02). However, the PAP reads as follows: "The topography <br />beneath fills 5 and 7 necessitated locating sediment ponds 5 and 07a partially <br />within the 100 foot stream buffer zone required by Rule 4.05. 18. Therefore <br />NECC has requested a variance from that requirement for these two sediment <br />ponds. The only activities within the stream buffer zone will be the construction <br />and maintenance of these two ponds." With the adequacy process for this <br />renewal, the Division required that Pond 6a be added to this section of the PAP. <br />IV. Topsoil <br />A. The Division waives the requirement for clearing of vegetation cover prior to <br />topsoil removal on areas that will be treated using the Rotoclear machine. The <br />applicant has demonstrated that inclusion of vegetation cover in salvaged topsoil <br />is necessary or desirable to ensure soil productivity consistent with the <br />post -mining land use (4.06.2(1)). <br />B. The Division re -approves a variance from topsoil removal in accordance with <br />Rule 4.06.2(2)(a). For those areas of the surface mine where the slopes <br />exceeded 50 percent, the operator was not required to strip topsoil. This is <br />necessary due to the fact that soil in these areas was of marginal quality and <br />thickness, and equipment limitations and safety considerations made topsoil <br />salvage on slopes steeper than 50 percent highly undesirable. <br />C. The Division has determined selected overburden materials may be used for, or <br />as a supplement to, topsoil. The resulting soil is equal to or better than the <br />available topsoil. This determination is based on physical and chemical analyses <br />and field -site trials approved by the Division (4.06.2(4)(a)). The applicant has <br />provided physical and chemical analysis in Exhibit 6. However, at the present <br />time, the applicant has committed to re -apply a minimum of 0.9 feet of topsoil <br />15 <br />