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Stipulatiou 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 relocatian plan for the gas lines and associated facilities must be submitted in the form of a <br />revision 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 85. 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 toe of slope and CDOT <br />Right of Way. Applicant will provide the monthly groundwater level 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 -1H: I V. Buttress construction will be completed within 90 days of detection of ground <br />water level higher than 10 feet above bedrock. <br />Stipulation No. 8 <br />The applicant will separate the finished reservoir surface a minimum of.50 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 />satbmittnl to DMG. <br />DATED this / t~ day of ~~u~i , ?005. <br />FOR THE COLORADO MINED LAND RECLAMATION BOARD <br />,r-•,t <br />i <br />DaniL=hR. Ej~ison, Chair, <br />Mined Land Reclamation Board <br />