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<br /> <br />STIPULATION NO. 9 <br />PRIOR TO CONDUCTING ANY MINING OPERATIONS WHICH MIGHT AFFECT <br />ALLUVIAL VALLEY FLOORS IN THE SAGE CREEK WATERSHED, THE APPLICANT <br />SHALL HAVE A REVISION 1'O THE YOAST PERMIT APPROVED WHICH ADDRESSES <br />THE REQUIREMENTS OF RULE 2.06.8(4) BY DOCUMENTING, <br />1. THE CHARACTERISTICS OF THE ALLUVIAL VALLEY FLOORS WHICH ARE <br />ESSENTIAL HYDROLOGIC FUNCTIONS (FLOOD AND/OR SUBIRRIGAT[ON); <br />2. WHETHER MINING OPERATIONS W[LL INTERRUPT, DISCONTINUE, OR <br />PRECLUDE FARMING OPERATIONS ON THE ALLUVIAL VALLEY FLOORS; <br />3. WHETHER MINING OPERATIONS WILL RESULT IN MATERIAL DAMAGE TO THE <br />QUALITY OF SURFACE WATER SUPPLYING THE ALLUVIAL VALLEY FLOORS, AND <br />4. A MONITORING SYSTEM TO VERIFY THESE PROJECTIONS. <br />Stipulation 9 is still outstanding. Seneca Coal Company does not plan to mine into the Sage <br />Creek watershed until 2000. <br />STIPULATION NO. 10 <br />NO SURFACE COAL MINING OPERATIONS SHALL BE CONDUCTED ON FEDERAL <br />LEASE C-0114093 UNTIL TFIE SECRETARY OF THE INTERIOR HAS APPROVED THE <br />MINING PLAN. THE DIVISION RESERVES THE RIGHT TO MODIFY THE PERMIT, <br />WHEN APPROPRIATE, IN ORDER TO RESOLVE CONFLICTS BETWEEN THE PERMIT <br />REQUIREMENTS AND THE REQUIREMENTS OF OTHER LAWS, RULES, AND <br />REGULATIONS ADMINISTERED BY THE SECRETARY OF THE INTERIOR. <br />Stipulation has has been satisfied by approval of the mining plan on 9/6/95. <br />STIPULATION NO. 11 <br />(This stipulation was added with the approval of Technical Revision 03, in September of 1996.) <br />PRIOR TO INSTALLATION OF DRAGLINE DEADHEAD ROAD PERMANENT <br />DRAINAGE, SENECA COAL COMPANY SHALL CONSTRUCT KEY CUTS ABOVE AND <br />BELOW THE RECONSTRUCTED DRAINAGE TO THE MINIMUM SPECIFICATIONS OF <br />3' DEEP AND 5' ACROSS THE WIDTH OF THE CHANNEL. SCC SHALL ALSO PLACE A <br />GRANULAR FILTER LAYER OR GEOTEXTILE FILTER FABRIC 1N THE ENTIRE <br />RECONSTRUCTED DRAINAGE CHANNEL PRIOR TO PLACEMENT OF THE ROCK <br />RIPRAP. <br />Stipulation I 1 was satisfied by construction of the required drainage amendments and approved <br />on inspection on 1/15/97. <br />