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Mr. James Dillie Adequacy Letter, Apache Mine Permit No. M78-009 Page 9 pazent materials and it met with tremendous success. It is our understanding that so long as the quantity of wheat seed is kept quite low, the winter wheat does not cause excessive competition with the more long-lived species and in most instances does not remain in the vegetation to any appreciable extent after the first two years. The use of the species is especially good in the event fall seeding occurs in that it provides some degree of winter protection for the soils and helps trap winter snowfall. Oats is added to the seed mix to accomplish the same goals as winter wheat. Oats may supplement the winter wheat or replace the winter wheat in the seed mia. Furthermore, Page 6 of Exhibit D is now changed as follows in response to the Reclamation Seed Mix change in November 1999. This change is to remove the Yellow Sweetclover from the topsoil seed mix. Salvaged topsoil will be stockpiled nearby each clay pit. The slopes of the soil stockpiles will be no greater than 3H to 1 V. If the soil stockpiles are to remain intact for more than one growing season, they will be seeded with a cover crop to protect them from wind and water erosion. The seed mixture to be used is as follows: Saecies Rate #PLS/ac Broadcast) Crested Wheatgrass 3.75 Intermediate Wheatgrass 7.00 Pubescent Wheatgrass 7.50 Total k9'~S 18.25 In addition, the following concerns are addressed, however specific changes to the permit have not been included. The corrugated culvert under the access road now consists of 2 culverts, neither of which is sufficiently sized, separately or combined, to pass large sized precipitation events. The culverts actually function as a decant system to the pond and the access road functions as a spillway when the culvert capacity and pond capacity aze both exceeded. At the cutrent time, the southern disturbed area does not report to this drainage and the central disturbed area immediately south and west of the access road is in final reclamation, having been seeded in the fall of 1999. Currently these two ponds do control, minimize or prevent downstream sedimentation problems from the permanently reclaimed central area south and west of the access road. The Division is correct that several existing ponds are intentionally not replaced in the current reclamation plan. Specifically the ponds within and immediately adjacent to the pre-law disturbed area within Stage 2 are not replaced. The current ponds remain from previously disturbed mining areas and as these pre-law areas are remined in the future, the reclaimed areas will report to the two ponds immediately south of the south access