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Mr. Kent Gorham <br />March 25, 2011 <br />Page 4 <br />NECC-Maps 11 and 12, were updated to show the approved SAEs. A discussion of the <br />subsoil storage pile #1 SAE was added to Page 2.05-10. The silt fence design for the <br />SAE is presented on Exhibit 19(16) Pages 25 through 31. <br />12. The access road south of the coal silos is being extended and a short section of new light <br />use road is also being proposed near this area. A new section of light use road is <br />proposed at the West Portal, as shown on Map 12. Please provide the information <br />required under Rule 2.05.3(3)(c) and Rule 4.03, as necessary, for these three sections <br />of roads. Permit text narrative describing the construction, use, maintenance, and <br />reclamation of these new roads is required. Access roads also require certification <br />after construction in accordance with Rule 4.03.2(1)(f)(i). <br />NECC-A discussion of the information required under Rule 2.05.3(3)(c) and Rule 4.03 <br />is incorporated into the permit on Pages 2.05-7a, 7b and 7c. <br />13. The Division suggests that a new haul road not be proposed to access the topsoil and <br />subsoil storage areas proposed under TR-55. Access corridors are implied for this kind of <br />work and have not been historically permitted as haul roads, unless the road is meant for <br />purposes other than only access to construct the storage piles. <br />NECC-The referenced road has been removed from the maps. <br />14. Division of Water Resources (DWR) comments were provided to you previously <br />(electronic comm. 3/4/2011). Please ensure that the required permitting is completed <br />with DWR for the mine dewatering wells. <br />NECC-Applications for well permits will be submitted to DWR prior to construction. <br />15. Division of Wildlife (DOW) comments were also provided to you previously (electronic <br />comm. 3/4/2011). Please ensure that surface disturbance markers are established <br />prior to the start of any proposed construction. Also, additional power poles are <br />proposed. Figure 17 and Page 2.05-57 to 58 discuss the use of raptor-proof power pole <br />design (as per REA Bulletin 61-10). If this design will not continue to be used, please <br />provide new information regarding the protection of raptors from electrocution <br />hazards for the new power poles. <br />NECC-Surface disturbance markers will be established prior to the start of any <br />construction at the Bates Portal. The raptor-proof power pole design that will be used for <br />the power line to the West Portal is shown on Figure 17a and referenced on Page 2.05-58. <br />NECC redesigned the Bates Portal pad since the initial submittal of TR-55 because it was <br />determined that more room was needed for the large ventilation fan and 72-inch belt drive <br />building. Therefore, many of the pages from the original submittal had to be changed and they <br />are attached. <br />Agapito Associates, Inc.