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Stipulation No. 7 THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT THE UPPER WASTE SITE, TO INSTALL SEVERAL ELECTRONIC TILT METER TUBES DOWNSLOPE FROM THE TOE OF THE PROPOSED WASTE STRUCTURE. THESE TILT METER INSTALLATIONS SHALL BE INSTALLED AS SPECIFIED IN WECC'S AUGUS7 15, 1985 SUBMITTAL. ONE INDICATOR SHALL BE INSTALLED WITHIN 160 FEET OF THE TOE OF THE WASTE PILE CURRENTLY HALF WAY BETWEEN MONUMENTS S1 AND S4. THE SECOND SHALL BE LOCATED APPROXIMATELY 100 FEET NORTHEAST OF MONUMENT S2, 160 NORTH OF TOES OF THE WASTE PILE, AS INDICATED ON DRAWING N0. MG-R C-001, INCLUDED IN THE PERMIT REVISION APPLICATION. DURING THE INSTALLATION OF THESE TILT METER TUBES, THE OPERATOR SHALL AUGER AND LOG THE SURFICIAL AND BEDROCK STATIGRAPHY ENCOUNTERED. AUGERING SHALL CONTINUE UNTIL THE OPERATOR HAS ESTABLISHED INTACT BEDROCK OCCURRENCE. IF ANY EVIDENCE OF EXISTING LANDSLIDE DEPOSITS IS ENCOUNTERED, THE OPERATOR SHALL DEFINE THE NATURE AND EXTENT OF THE PRE-EXISTING SLOPE INSTABILITY. IF SUCH LANDSLIDE ACTIVITY IS DISCERNED, THE OPERA70R WILL BE REQUIRED TO APPROPRIATELY RECONFIGURE THE PILE DESIGN, PRIOR TO INITIATION OF ANY CONSTRUCTION ACTIVITY. WECC's August 15, 1985 letter addresses the entire stipulation. However, this letter appears at the end of Volume 11 of the permit application and is not referenced in the narrative of Volume 11. Thus, until this letter is referenced in the narrative of Volume 11, the stipulation will remain in a "future" status. Status: Future. Stipulation No. 8 SURFACE WATER AND GROUND WATER MONITORING OF THE LOWER PERMANENT UNDERGROUND DEVELOPMENT WASTE PILE WILL INCLUDE THE CHEMICAL CONSTITUENTS SELENIUM, UNIONIZED AMMONIA, AND NITRATE/NITRITE. DETERMINATION OF NITRITE CONCENTRATION WILL BE MADE ONLY WHEN DEEMED NECESSARY BY THE DIVISION. RESULTS AND INTERPRETATIONS ARE TO BE INCLUDED ON A CONTINUING BASIS IN THE WEST ELK COAL COMPANY QUARTERLY HYDROLOGY REPORTS. ANNUAL HYDROLOGY REPORTS ARE TO INCLUDE A SUMMARY OF SEASONAL CHANGES, IF ANY, FOR ALL CHEMICAL CONSTITUENTS (SURFACE WATER AND GROUND WATER) MONITORED DURING THE YEAR. ANNUAL HYDROLOGY REPORTS ARE TO INCLUDE AN ASSESSMENT OF THE IMPACTS OF THE LOWER WASTE PILE TO THE HYDROLOGIC BALANCE DURING THE PREVIOUS YEAR. Revised pages 4-68, 4-70 and 4-71 state: "An assessment of the impacts of the lower refuse pile to the hydrologic balance during the previous year will be included in the Annual Hydrology Report." This commitment reiterates the only part of the stipulation not addressed through technical revision 54. Thus, the stipulation status will be "terminated". New Status: Terminated. -3-