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Stinulation No. 6 <br />The applicant will not mine within 100 feet of the toe of the slope from the Kerr-McGee gas line until <br />an agreement between Kerr-McGee and the operator for compensation, or to relocate the gas line <br />and associated facilities has been reached and submitted to the Division. Submittal of the agreement <br />and relocation plan for the gas lines and associated facilities must be submitted in the form of a <br />revisiwe to the permit. <br />Stipulation No. 7 <br />The applicant will maintain a 120 foot setback from the toe of the mining excavation to the eastern <br />edge of the CDOT Right of Way for Highway 8.i, To provide an additional static safety factor against <br />the geotechnical model uncertainty and precipitation/runoff conditions, the assumed phreatic surface <br />will be 10 feet above bedrock for the purpose of establishing distance between tae of slope and CDOT <br />Right of Wav. Applicant will provide the monthly groundwater leve] data to the DMG with a copy to <br />the CDOT. If the subject phreatic surface is found to be more than 10 feet above bedrock at any time <br />during mining, the lower portion of the slope (saturated portion) will be buttressed with a wedge of <br />pit-run sand and gravel material compacted to 90 percent of maximum dry density with an out slope <br />no steeper than 4H:1 V. Buttress consrruction will be completed within 90 days of detection of ground <br />water level higher than 10 feet above bedrock. <br />Stipulation No. S <br />The applicant will separate the frnished reservoir surface a minimum af.i0 feet from the eastern edge <br />of CDOT US Highway 85 Right of Way. The applicant will submit an appropriate revision to the <br />permit describing mitigation measures addressing the potential for wave action and windblown water <br />to adversely impact Highway 85. Mitigation measures will be installed within the 50 foot setback <br />from the right of way. CDOT will be provided with a copy of the revision application at the time of <br />submittal to DMG. <br />DATED this ~~` day of ~ te~ce~- , X005. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />DaniS1 R. ENison, Chair, <br />Mined Land Reclamation Board <br />