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Mr. Art Van Sant -2- December 9, 1983 Stipulation No. 2: THE PERMITTEE SHALL COMPLETE "... A SURVEY DESCRIBING THE POTENTIAL EFFECT ON THE STRUCTURE (AMENDED COAL PROCESSING IJASTE PILE) FROM SUBSIDENCE OF THE SUBSURFACE STRATA RESULTING FROM PAST UNDERGROUND MINING ACTIVITIES...", AS REQUIRED SY RULE 2.05.3(8)(a)(i)(D). THE PERMITTEE SHALL SUBMIT THAT SURVEY, FUR REVIEW BY THE DIVISION, NO LATER THAN ONE YEAR FOLLOWING APPROVAL OF THIS TECHNICAL REVISION APPLICATION. THE PERMITTEE SHALL RESTRICT PLACEMENT OF COAL PROCESSING WASTE TO THAT AREA DELINEATED ON THE MAP SUBMITTED AS A SUPPLEMENTAL AMENDMENT TO THE TECHNICAL REVISION APPLICATION, UNTIL THE DIVISION HAS APPROVED THE SUBSIDENCE SURVEY. IN THE EVENT THAT THE REQUIRED SUBSIDENCE SURVEY WERE TO DETERMINE THAT THE PROPOSED AMENDED COAL PROCESSING WASTE PILE MIGHT BE POTENTIALLY DAMAGED BY ANTICIPATED SURFACE SUBSIDENCE, THE PERMITTEE SHALL REDESIGN THE PROPOSED AMENDED EMBANKMENT TO RENDER THE DESIGN ACCEPTABLE TO THE DIVISION. Stipulation No. 3: SUNDANCE CONL COMPANY SHALL SUBMIT RECLAMATION COST ESTIMATES FOR GRADING, PLACEMENT OF FOUR FEET OF COVER, ArID REVEGETATION OF THE ADDITIONAL 14 ACRES OF WASTE PILE OR SUBMIT A DEMONSTRATION THNT THE CURRENT BOND IS SUFFICIENT TO DOVER THE ADDITIONAL DISTURBANCE. THE ESTIMATES OR DEMONSTRATION SHALL BE SUBNIITTEU AND 7HE BOND SHALL BE INCREASED APPROPRIATELY, PRIOR TO DISTURBANCE OF ANY OF THE ADDITIONAL 14 ACRES. You should also note that our review pointed out that the current dewatering device in the sediment pond will be of insufficient size to allow dewatering of the pond in 24 hours once the pond has been expanded. Public notice of this decision will be published in The Chronicle-News next week. Please feel free to call if you have any questions. Sincerely, ~oZ.W~I.~~ ~1~~ Susan Mowry Reclamation Specialist SM/th cc: Mr. Greg Lewicki Doc. No. 7864