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Discharge of Water into an Underground Mine <br />No specific approvals are granted under this section. <br />J. Stream Buffer Zones <br />The Division originally approved surface mining activities within 100 feet <br />of a perennial stream or stream with a biological community. This <br />decision was based on a finding that the original stream channel will be <br />restored, water quality and quantity shall not be adversely affected, and <br />appropriate riparian vegetation will be reestablished. The buffer zone <br />variance was granted for the areas located along Lorencito Creek where <br />the haul road, access road, or topsoil piles are adjacent to the Lorencito <br />stream channel. This approval is no longer granted as the areas <br />requiring protection have been bond released under Surety Release No. <br />2 (SL-02). (4.05.18(1)) <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. <br />The applicant has demonstrated that inclusion of vegetation cover in salvaged <br />topsoil 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%, 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% highly undesirable. <br />C. The Division has determined selected overburden materials may be used for, <br />or 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 <br />analyses and field-site trials approved by the Division (4.06.2(4)(a)). The <br />applicant has provided physical and chemical analysis in Exhibit 6. However, <br />at the present time, the applicant has committed to re-apply a minimum of .9 <br />feet of topsoil over all disturbed areas. Therefore, it is not likely that <br />supplement materials will be utilized given the present reclamation plan. <br />V. Sealing of Drilled Holes and Underground Openings <br />A. The applicant has not proposed to manage development, exploration, drill or <br />bore holes, wells or other exposed underground openings in a manner other <br />than by sealing and plugging. The Division does not approve any alternative <br />methods of managing openings. (4.07.1) <br />17