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33. Page 32, Stipulation No. 13, Fred Banta said that the bond will be written <br />so that both the State of Colorado and the Federal Government would appear <br />as co-receivers on the bond. <br />34. Page 32, 1st paragraph, under Subsidence, the deletion of "Inc." in the first <br />sentence. <br />35. Page 33, 3rd paragraph, deletion of the dimensions of the pillar. Fred Banta <br />indicated that he would check with Jim Pendleton on the matter. <br />At this time Jery Zimpfer entered the meeting and it was agreed that we go <br />back and discuss Stipulation No. 5 on page 18. <br />36. Page 18, Stipulation No. 5, It is Powderhorn Coal Company's understanding that <br />the locations of two (2) upstream gauging stations can be placed within the <br />permit area but outside of the affects of mining area. The downstream gauging <br />station can be moved from its present location downstream of the permit area. <br />The total number of gauging stations required is 3. Jerry Zimpfer indicated <br />that he is more concerned with the low flows rather than the high flows and <br />the we (PCC) should select a flume that can accurately measure low flows. <br />Jerry recommended H-type flumes over Parshall flumes. <br />37. Page 18, Stipulation No. 6, Powderhorn Coal Company will submit a general plan <br />in the unlikely event that a depletion of water occurs on Rapid Creek. The <br />plan,at a minimum,will discuss engineering solutions to insure that the down- <br />stream water users have water. <br />38. Page 18, Stipulation No. 7, CMLRD is in agreement that the 50 g.p.m. rate of <br />flow is an arbitrary number. Fred Banta will discuss this with Roy Cox. Fred <br />indicated that a background flow vs. major inflows might be more appropriate. <br />A contingency plan will be provided. <br />