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PROPOSED STIPULATIONS: <br />Stipulation No. 1 <br />Prior to exposure of groundwater or any pit de-watering, or installation of the underground recharge wells, the <br />applicant will obtain approval from the Division of Minerals and Geology of a water quality monitoring and <br />mitigation plan in the form of a revision to the pemrit. A copy of the revision shall be forwarded to the objecting <br />party (Georgia Landrus) when submitted to the Division of Minerals and Geology. The water quality monitoring <br />plan must include a plan for collection of baseline or ambient water quality samples, specify the water quality <br />pazameters to be monitored, specify a point of compliance, specify the frequency of monitoring and reporting to <br />the Division, and specify a mitigation plan in the event of an exceedence of a water quality parameter. <br />Stipulation No. 2 <br />Prior to dischazge of mine water into existing ditches, the applicant will obtain approval from the Division of <br />Minerals and Geology for a ditch stabilization and erosion control plan in the form of a revision to the permit. <br />Stipulation No. 3 <br />Prior to dischazge to the west through the two concrete box culverts or other culverts under US Hwy 85 owned <br />and operated by CDOT, the applicant will demonstrate that the culverts can handle the flows from any lawful <br />use by the applicant and that US Hwy 85 will not be negatively impacted. The applicant must obtain written <br />consent from CDOT to discharge mine water into the culverts under US Hwy 85 prior to discharge into those <br />culverts. <br />Stipulation No. 4 <br />In order to maintain phased bonding for the clay liner, the following permit conditions must be followed; <br />• The applicant shall not mine Pond 2 below the groundwater table until Pond 1 is reclaimed to two feet <br />above the groundwater level. <br />• The applicant must begin construction of the slope liner no later than after two phases have been <br />completely mined to bedrock. <br />• The maximum linear feet of slope that maybe disturbed and not reclaimed at any given time shall be no <br />greater than 6,000 lineal Fee[. <br />• Prior to construction of the compacted clay liner, the applicant shall submit a revision to the permit with <br />detailed information on construction of the compacted clay liner and submit a quality control and <br />assurance plan for the Division's review and approval. A copy of the revision shall be forwazded to the <br />Colorado Department of Transportation (CDOT) when submitted to the Division of Minerals and <br />Geology. <br />• The applicant shall submit and obtain approval from the Division of cons[mction reports on clay-lined <br />slopes that have been completed in order to initiate the next 6,000 lineal feet of mining. <br />• Pinal release of the clay liner must be obtained from the Office of the State Engineer in order for the <br />Division to release any remaining reclamation bond. <br />Stipulation No. 5 <br />The applicant will construct perimeter berms, as shown on the mining and reclamation plans, at the beginning of <br />each respective mining phase. The berms shall be seeded with the specified seed mix in [he fall or the spring. <br />The applicant shall install irrigation, trees and shrubs as soon as it is feasible after the berms have been <br />constructed. Planting for deciduous trees shall occur prior to October 15's and after March 15's. Planting for <br />evergeen trees shall occur prior to October 1 s' and after March 15`s. <br />Stipulation No. 6 <br />The applicant will not mine within 100 feet of the toe of the slope from the Kerr-McGee gas line until an <br />agreement between Kerr-McGee and the operator for compensation, or to relocate the gas line and associated <br />facilities has been reached and submitted to the Division. Submittal of the agreement and relocation plan for the <br />gas lines and associated facilities must be submitted in the form of a revision to the permit. A copy of the <br />revision shall be forwarded to the Colorado Department of Transportation (CDOT) when submitted to the <br />Division of Minerals and Geology. <br />9 <br />