2014-10-10_GENERAL DOCUMENTS - C1996083 (2)

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LISTED AS ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES, AS DOCUMENTED IN THE 2012 CLASS III CULTURAL RESOURCES INVENTORY REPORT FOR THE LEASE AREA. Stipulation No. 41 PRIOR TO COMMENCING ANY MINING ACTIVITIES THAT COULD CAUSE SUBSIDENCE IN THE SPRUCE STOMP LEASE AREA, BRL MUST DEMONSTRATE THAT, SHOULD MINING ACTIVITIES RESULT IN CONTAMINATION, DIMINUTION OR INTERRUPTION OF WATER IN THE WEST FORK OF TERROR CREEK, BRL HAS OBTAINED SUFFICIENT WATER RIGHTS AND AN APPROVED WATER REPLACEMENT PLAN TO RESTORE, REHABILITATE, OR REPLACE THE WATER SUPPLY. BRL MUST SUBMIT A COPY OF A COURT APPROVED ALTERNATIVE WATER SUPPLY OR COURT APPROVED SOURCES OF AUGMENTATION WATER THAT COULD BE DEVELOPED TO REPLACE THE EXISTING SOURCES. THE ALTERNATE OR SUBSTITUTED WATER SHALL BE OF A QUALITY AND QUANTITY SO AS TO MEET THE REQUIREMENTS FOR WHICH THE WATER HAS NORMALLY BEEN USED. Stipulation No. 42 BRL MUST REHABILITATE OR REPLACE GROUNDWATER MONITORING POINTS CWI -DH -58 AND CWI -CH -60 BY DECEMBER 31, 2014. FOLLOWING COMPLETION OF THE WORK, A MINOR REVISION MUST BE SUBMITTED TO UPDATE THE PERMIT APPLICATION PACKAGE TEXT WITH A DISCUSSION OF THE REHABILITATION OR REPLACEMENT OF THE WELLS. Stipulation No. 43 WITHIN SIXTY DAYS FOLLOWING THE COLLECTION OF A YEAR OF VALID BASELINE DATA FROM THE TWO DOWN - GRADIENT MONITORING WELLS TO BE DRILLED IN 2015 2015 -113 AND 2015 -1SS), BRL MUST SUBMIT A TECHNICAL REVISION TO UPDATE THE PROBABLE HYDROLOGIC CONSEQUENCES SECTION OF THE PERMIT TO ESTABLISH THOSE WELLS AS GROUNDWATER POINTS OF COMPLIANCE, IN ACCORDANCE WITH RULES 2.05.6(3)(B)(III) AND (IV). Stipulation No. 44 PRIOR TO INITIATING ANY LONGWALL MINING IN THE SPRUCE STOMP LEASE AREA (COC- 75916), BRL MUST OBTAIN APPROVAL FOR A PLAN TO MANAGE REFUSE GENERATED AS A RESULT OF MINING ACTIVITIES IN THE SPRUCE STOMP LEASE AREA AND ALL CURRENTLY APPROVED COAL MINING ACTIVITIES. THIS RESTRICTION WILL NOT PRECLUDE DEVELOPMENT MINING ACTIVITIES IN THE SPRUCE STOMP LEASE AREA CONSTRUCTED WITH CONTINUOUS MINING EQUIPMENT. PROPOSED MANAGEMENT PLANS MUST BE PREPARED IN ACCORDANCE WITH RULES 2.05.3(8), 4. 10, AND 4.11 AND BE BASED ON CURRENT AND PREDICTED RATES OF PRODUCTION AND REFUSE GENERATION AND INCLUDE REFUSE THAT WILL BE GENERATED FROM ALL CURRENTLY APPROVED MINING PLANS. The following stipulations imposed on previously approved permitting action decisions have been resolved: Number Description Originating Status Status Permit * Date Action 1 Bowie Resources, Limited shall not conduct any Initial CW 03/19/1997 operations which require an air emissions permit until Permit the air emissions permit is obtained, with a copy of the Approval permit submitted to the Division. Page 4 of 46