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r <br />appropriate riparian vegetation will be reestablished. The <br />buffer zone variance is granted for the area located along the <br />southern disturbed area collection ditch to Pond 007 <br />(4.05.18(1)). The area will be no larger than .4 acre at any <br />time during mining and reclamation activities. <br />E. Water Rights <br />The water augmentation plan is found in Section 2.05.6(3) of the <br />permit document. Western Fuels-Colorado has acquired approval <br />from the Colorado Water Court for this augmentation plan and has <br />a completed well permit for use of water from Pond 007. <br />II. To soil <br />A. The Division has determined that in a 15-acre parcel identified in <br />Exhibit 9-6 soil types from New Horizon 1's old permit, the 8 horizon <br />and portions of the C horizon shall be segregated and replaced as <br />subsoil in order to ensure soil productivity consistent with the <br />approved post-mining land use (4.06.2(3)). <br />III. Sealing of Drilled Holes and Underground Openings <br />IV <br />V <br />VI <br />A. The Division will require that each hole, well or other underground <br />opening be capped, sealed, backfilled, or otherwise properly managed <br />(4.07.3). <br />Use of Explosives <br />A. The applicant has proposed to conduct blasting within 1,000 feet of <br />buildings used as dwellings and within 500 feet of facilities such as <br />gas pipelines and sewage lines. The Division proposes to approve <br />these lesser distances based upon a pre-blasting survey, seismic <br />investigation, or other appropriate investigations (4.08.4(7)). <br />Backfilling 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 <br />contamination of ground or surface waters (4.14.3(1)(a)). <br />B. The applicant has submitted a plan for reclamation of excessive rills <br />and gullies. The plan is included in Section 2.05.4(2)(e) of the <br />permit application. This plan is proposed to be approved by the <br />Division (4.14.6(1)). <br />Revegetation <br />A. The Division proposes to approve the use of introduced species in the <br />reclamation seed mix. The applicant has submitted information which <br />shows that the introduced species are desirable and necessary to <br />achieve the approved post-mining land use, and are not poisonous or <br />noxious (4,15.2). <br />_19_ <br />