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Page 2 of 3 <br />4. Page 2.03 -9 lists the current permit term dates. Please revise this page with the <br />updated permit term requested. <br />5. The Coal Lease Agreement with FR Hill Jr, dba FE Hill Company located in Exhibit 2 of <br />the PAP states, in Number 2, that the lease will not extend beyond December 31, 2010. <br />Please acknowledge if the lease is currently active and, if so, please provide <br />information to that effect. <br />6. Page 2.04 -39 identifies Map 2.04.9 -1 as the soils map of the LLC property. The <br />referenced Map was not identified in the permit. Please acknowledge if this map <br />reference is correct, if so, please provide a Map 2.04.9 -1 or omit the Map reference. <br />7. Page 2.05 -40 references Figure 2.05 -14q as the illustration of a portion of the Jeff <br />Canyon Haul Road. This Figure was not located in the approved PAP. Please update <br />the PAP to include this referenced Figure 2.05 -14q as needed. <br />8. Per Rules 2.04.11(4) and 2.05.6(2), please update T &E species and discuss potential <br />impacts to current State and Federal Threatened and Endangered plant and animal species <br />lists. The Federal and State listed species of concern may have changed since the last <br />revision. To find the most up to date lists, the following websites may be helpful: <br />http: / /www.fws.gov/ mountain - prairie / endspp /CountyLists /Colorado.pdf and <br />http:/ /wildlife. state. co. us/ WildlifeSpecies/ SpeciesOfUoncern /ThreatenedEndangeredList/ <br />Pages/ListOfThreatenedAndEndan e red Species.aspx <br />9. Is there one map that shows all the approved culverts? Along the access road and the <br />sediment pond access roads, there are approved culverts that are NECC's responsibility <br />and have been designed for specific flows. On the ground, additional culverts have been <br />installed by a third party (oil and gas development) and are not NECC's responsibility for <br />maintenances. A map with all of the culverts on it, that defines which culverts are <br />NECC's responsibility and which are not has not been identified. This map would need <br />to be specific to the actual area of disturbance for the Jeff Canyon Surface mine. If one <br />does not already exist in the permit, NECC needs to provide a single map that provides <br />this information. <br />10. NECC is considering using topsoil substitute material for gully repair locations. The <br />permit currently does not describe use of alternate plant growth material. NECC needs to <br />describe this practice in the permit. In this description NECC needs to describe where the <br />substitute material would come from, and describe what soil chemical and structural <br />parameters the topsoil substitute will b tested for. Suggested parameters to demonstrate <br />topsoil suitability include; N, P, K, SAR, Electrical conductivity, Soil texture, and <br />Organic Matter. <br />11. Permit page 2.05 -63 states that, "contour furrows may be employed along the steeper <br />slopes of highwall reclamation areas." Several areas on the reclaimed slopes at the <br />Lorencito Canyon Mine continue to exhibit gully formation. NECC plans to conduct <br />gully repair on these slopes in 2012. The Division considers implementation of contour <br />furrows or straw bale dikes as approved in the permit appropriate to the repair efforts. <br />