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<br />STIPULATION NO. S <br />WITHIN 180 DAYS OF PERMIT ISSUANCE AND PRIOR TO CONSTRUCTION OF POND <br />011, THE APPLICANT SHALL SUBMIT A TECHNICAL REVISION TO THE YOAST <br />PERMIT WHICH DEMONSTRATES THAT POND Ol 1 WILL BE LOCATED AS NEAR AS <br />PRACTICABLE TO THE DISTURBED AREA AND THAT THE POND EMBANKMENT <br />HAS A MINIMUM STATIC SAFETY FACTOR OF 13. <br />Stipulation 5 has been satisfied, the location acceptance documented in a letter dated 3-3-97 and <br />the static safety factor satisfied by approval of TR-06. <br />STIPULATION NO. 6 <br />WITHIN SIXTY DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL SUBMIT A <br />TECHNICAL REVISION TO THE YOAST PERMIT ADDING A SURFACE WATER <br />MONITORING STATION TO GRASSY CREEK DOWNSTREAM FROM THE <br />CONFLUENCE OF GRASSY CREEK AND SCOTCHMANS GULCH. THE REVISION <br />SHALL ALSO ADDRESS MONITORING FREQUENCY AND PARAMETERS TO BE <br />MONITORED. <br />Stipulation 6 was satisfied by approval of TR-01. <br />STIPULATION NO.7 <br />PRIOR TO INITIATING ANY MINE RELATED DISTURBANCE IN THE SAGE CREEK <br />WATERSHED, THE APPLICANT SHALL COMPLETE EVALUATION OF THE <br />PROBABLE HYDROLOGIC CONSEQUENCES OF PROPOSED MINING OPERATIONS IN <br />THE SAGE CREEK WATERSHED. THE EVALUATION SHALL ADDRESS POSSIBLE <br />MATERIAL DAMAGE IN TERMS OF POTENTIAL DEGRADATION OF WATER <br />QUALITY OR QUANTITY WHICH MIGHT RESULT IN IMPAIRMENT OF PRESENT <br />WATER USES WHICH CANNOT BE MITIGATED OR LONG-TERM IMPAIREMENT OF <br />EXISTING OR POTENTIAL WATER USES. <br />Stipulation 7 is still outstanding. Seneca Coal Company does not plan to mine into the Sage <br />Creek watershed until 2000. <br />STIPULATION NO.B <br />WITHIN 180 DAYS OF PERMIT ISSUANCE SENECA COAL COMPANY SHALL <br />PROVIDE THE DIVISION WITH A REVISION TO THE PERMIT TO DETERMINE THE <br />RECLAMATION SUCCESS COVER STANDARD FOR CONCENTRATED SHRUB AREAS <br />BASED UPON REFERENCE AREA COMPARISON IN COMPLIANCE WITH RULE <br />4.15.7(3)(D) AND RULE 4.15.8(3)(A)(ii). <br />Stipulation 8 was satisfied by approval of TR-02. <br />