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D. Stream Buffer Zones <br />1. The Division proposes to approve surface mining activities within 100 feet of <br />a perennial stream. This decision is based on a fmding that the original <br />stream channel will not be disturbed, water quality and quantity shall not be <br />adversely affected, and appropriate riparian vegetation will be reestablished. <br />The buffer zone variance is granted for the area located along the southern <br />disturbed area collection ditch to Pond 007 (4.05.18(1)). The area will be no <br />larger than .4 acre at any time during mining and reclamation activities. <br />E. Water Rights <br />1. The water augmentation plan is found in Section 2.05.6(3) of the permit <br />document. Western Fuels-Colorado has acquired approval from the Colorado <br />Water Court for this augmentation plan and has a completed well permit for <br />use of water from Pond 007. <br />II. Topsoil <br />A. The Division has determined that in a 15-acre parcel identified in Section 2.04.9, <br />soil types from New Horizon 2's mine, the B horizon and portions of the C <br />horizon shall be segregated and replaced as subsoil in order to ensure soil <br />productivity consistent with the approved post-mining land use (4.06.2(3)). <br />III. Sealing of Drilled Holes and Underground Openings <br />A. The Division will require that each hole, well or other underground opening be <br />capped, sealed, bacld"illed, or otherwise properly managed (4.07.3). <br />IV. Use of Explosives <br />A. The applicant has proposed to conduct blasting within 1,000 feet of buildings used <br />as dwellings and within 500 feet of facilities such as gas pipelines and sewage <br />lines. The Division proposes to approve these lesser distances based upon a <br />pre-blasting survey, seismic investigation, or other appropriate investigations <br />(4.08.4(7)). <br />V. Bacld"illing and Grading <br />A. The Division proposes to approve the applicant's plan for disposal of <br />acid-forming or toxic materials in a manner designed to prevent contamination of <br />ground or surface waters (4.14.3(1)(a)). <br />B. The applicant has submitted a plan for reclamation of excessive rills and gullies. <br />The plan is included in Section 2.05.4(2)(e) of the permit application. This plan <br />is proposed to be approved by the Division (4.14.6(1)). <br />18 <br />