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<br />Reduction of stream crossings <br />The DOW is correct that the current roads cross the stream channel in all canyons within the <br />project azea. The concern was raised that the construction of two roads in Lorencito Canyon, a <br />haul road and an access road, would further deteriorate water quality. The applicant is proposing <br />12-14 culverted crossings of the Lorencito stream channel. They have committed to install these <br />culverts to allow the free movement of fish and squatic habitat. While road drainage does not, <br />by regulation, have to report to sedimentation ponds prior to discharge, it does have to meet <br />applicable State and Federal effluent limitations. This "treatment" of road drainage will be <br />accomplished by the use of mulch, seeding, straw bales, silt fence, slash dams, and proper design <br />surfacing, and maintenance. The Division does not believe that it is necessary to request that the <br />applicant reduce the number of roads or stream crossings. Therefore, this issue has been <br />adequately addressed. <br />Human/beaz interaction <br />The DOW recommended bear proof trash containers and bear awareness training for employees. <br />The applicant has included specific information in the permit text concerning the type of <br />container to be used. However, no mention of beaz awareness training was noted in the text. <br />Therefore, this issue is inadequate at this time. <br />Stabilize topsoil piles <br />The DOW has recommended that topsoil resources be protected from erosion by stabilization <br />techniques. Rule 4.06.3 of the Coal Rules outlines requirements conceming storage and <br />stabilization of topsoil resources. The applicant has included appropriate permit text and has <br />adequately addressed this issue. <br />Reclaim concurrent with mining <br />Rules 4.13 and 4.14 require contemporaneous reclamation activities under distance and/or time <br />restrictions unless a vaziance is granted by the Division. The applicant is requesting a variance <br />for a portion of the area where the first overburden cut will be made. This Division considers <br />that the vaziance provision and the existing Rules are satisfactory to satisfy this issue. <br />l~tor mitieation and protection <br />The applicant has proposed to use current technology to design and construct power poles to <br />minimize the electrocution hazard to raptors. The DOW requested that the applicant survey <br />disturbed areas for nesting raptors and provide an annual report to the DOW. The applicant has <br />committed to do this but failed to indicate when the survey would be conducted and when the <br />survey results would be submitted to the Division and DOW. Permit text should be modified to <br />indicate this information. The Division recommends that any and all wildlife monitoring <br />information that is submitted on an annual basis be incorporated into one report, if possible. This <br />issue remains inadequate. <br />