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habitat. Please provide a more diverse seed mixture that will <br />accommodate the post mining land use of wildlife habitat. The operator <br />may wish to consult with the Division of Wildlife (DOW) or the local <br />National Resource Conservation Service (MRCS) for a proposed seed <br />mixture that is adequate for the site. <br />Mr. Fryrear will commit to using the seeding recommendation that was <br />provided for the original permit for the expansion area as well. <br />• Please provide a method of weed control that shall be employed for all <br />prohibited noxious weed species, and whenever invasion of a reclaimed <br />area by other weed species seriously threatened the development of the <br />desired vegetation. <br />Richard Fryrear will either spray for any nozious weeds at the site or hire a <br />qualified contractor to provide control Control of those species remains <br />important to Richard as landowner. <br />Rule 6.3.13 Exhibit L -Permanent Man-Made Structures <br />The Division of Water Resource, Office of the State Engineer (OSE) <br />provided comments on the conversion application. In particular, the OSE <br />states that Notice of Intent to Construct aNon-Jurisdictional Water <br />Impoundment Structure is required for storage. In addition, the OSE <br />requires that any water in the pit be removed within 72 hours. See <br />attached letter for future detail. Please demonstrate compliance with the <br />requirements as noted by the OSE. <br />After discussion with Dave Nettles of the State Engineer's Greeley Office, it <br />was determined that ao notice of intent is required in this case because the <br />area in question is below original ground level Water in the pit area will <br />either soak in or evaporate. There is no intent by Mr. Fryrear to build pond <br />structures. The final contour plan has been revised, deleting references to <br />ponds. <br />The Department of the Army Corps of Engineers provided comments on <br />the conversion application. The Army Corps states that work in a stream <br />bed or wetland should be shown on a map identifying the Quarter Section, <br />Township, Range and County of the work and the dimensions of work in <br />each area. Any loss of stream bed or wetland may require mitigation. <br />Mitigation requirements will be determined during the Army Corps <br />permitting review. See attached letter for further detail. Please <br />demonstrate compliance with the requirements as noted by the Army <br />Corps of Engineers. <br />3 <br />