1992-04-24_REVISION - M1988112 - Laserfiche WebLink

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in the absence of such approval to be considered by the Court under its retained jurisdiction after notice to all parties and a hearing. 7. No water pumped as a result of Applicant's dewatering activities shall be used for augmentation purposes and no water shall be discharged into the Rito Seco or utilized in a manner contrary to CMLRB permit. 8. Augmentation and replacement water shall be delivered to Rito Seco at a reasonably constant flow rate subject to paragraph 2 (a) hereof, consistent with the capacity of Applicant's pipeline and pumping system and the other demands on that system. 9. Applicant shall at its expense install any measuring or monitoring devices and report such information to the State or Division Engineer as necessary to implement it:s plan for augmentation. If not specified in the Decree, App'.'.icant agrees that the type of any measuring or monitoring devices, the method of installation of each such device, the frequency and methods of measurements of the devices and the type and frequency of reporting of the information obtained shall be subject to t2ie reasonable approval of the State and Division Engineer. i0. To the extent that provisions of this Stipulation differ from the terms of Applicant's Stipulation with the State and Division Engineer {"State") as filed with the Court, the parties hereto shall request the State to approve such provisions. ~ 11. Applicant shall drill two core holes down gradient from the collection pond at locations as marked on the map attached hereto as Exhibit A. If the Mined Land Reclamation Division or the Court determines that other locations closer to the tailings facility and collection pond are warranted other t:nan those set forth in Exhibit A, nothing contained herein shall prevent using such alternate locations as long as they are located in closer proximity to the collection pond and tailings facility than the lysimeter location(s) shown in Exhibit A. Such holes shall be drilled with a hollow stem auger with continuou~o split spoon samples being obtained from ground surface to total depth of 50 feet or to the contact with the Santa Fe formation, whichever is less. These samples will be used to characterize t:he local soil strata so as to identify any permeable horizons. '.Chen, separate bore holes will be drilled with a four (4") inch continuous flight auger to the depth of the bottom of each permeable horizon separated by at least five feet from the level of any other such horizon. A vacuum lysimeter (soil moisture sampler equipped with a ceramic porous cup) shall be installed at the bottom of each four inch hole. The hole will be backfilled around thce lysimeter as suggested by the manufacturer. The remainder of the annular space will be grouted to ground surface. The lysimeter shall be maintained and replaced or repaired as necessary throughout the ~~