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C. Stream Buffer Zones <br />The Division proposes to approve surface mining activities <br />within 100 feet of a perennial stream. This decision is <br />based on a finding that the original stream channel will not <br />be disturbed, water quality and quantity shall not be <br />adversely affected, and appropriate riparian vegetation will <br />be reestablished. The buffer zone variance is oranted for <br />the area located along the southern disturbed area collection <br />ditch to pond 007 [4.05.18(])], The area will be no larger <br />than .4 acre at any time during mining and reclamation <br />activities. <br />D. Water Rights <br />1. The Augmentation Plan found in Tab 16 has been modified <br />during the last seven months based on further discussions <br />with community water rights users. At the time of <br />permitting, Peabody has not yet acquired Colorado Water Court <br />approval for their Augmentation Plan. Following approval of <br />this plan, Peabody must submit an application fora water <br />well permit for ground waters impounded by Pond 007. <br />Consequently, the following stipulation is necessary to <br />satisfy Rule 4.05.6(5). <br />Stipulation Number 6: <br />PRIOR TO IMPOUNDMENT OF WATER IN POND 007, PEABODY COAL <br />COMPANY MUST SllBMIT THE FINAL AUGMENTATION PLAN AND DOCUMENTS <br />ATTESTING TO THE APPROVAL OF THIS PLAN TO THE DIVISION. IN <br />ADDITION, PEABODY MUST SUBMIT A COPY OF THE COMPLETE <br />APPLICATION FOR A WELL PERMIT FOR POND 007. <br />II. Topsoil <br />The Division proposes to waive the requirement for clearing of <br />vegetation cover prior to topsoil removal in most cases since <br />vegetation cover consists of grasses and fortis. The aDDlicant has <br />demonstrated that inclusion of vegetation cover in salvaged topsoil <br />is necessary or desirable to ensure soil productivity consistent <br />with the post-mining land use. [4.06.2(1)]. <br />2. The Division has determined that the B horizon and portions of the <br />C horizon shall be segregated and replaced as subsoil in prime <br />farmland areas in order to ensure soil productivity consistent with <br />the approved post-mining land use. [4.06.2(3)]. <br />3. It is stated in the permit revision that Haplaquoll (swale) soils <br />will only be salvaged if the profile is not saturated. It is also <br />stated that Haplaquolls are classified as such because of wetness <br />from several irrigation return flows, Peabody has control of <br />whether irrigation water is applied to these areas and the timing <br />of such irrigation. Further, mine planning can be controlled to an <br />extent that Peabody will know far enough in advance of soil <br />-33- <br />