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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 /> 1 . 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 . Topsoil <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 /> 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 /> IV. 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 /> V. 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 /> VI . 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 />