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List of Stipulations Resulting from this Permit Revision Approval: <br />STIPULATION N0. 16 <br />IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS <br />ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX <br />MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN <br />FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S <br />FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION <br />DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF <br />TEMPORARY CESSATION. <br />STIPULATION N0. 17 <br />FOLLOWING DIVISION INSPECTION OF <br />SHALL WITHIN 60 DAYS EITHER A) IF <br />REPORT IN COMPLIANCE WITH RULE 4. <br />CIRCUMSTANCES BEHIND LOSS OF THE <br />ACCORDANCE WITH 4.07.3. <br />THE AREA OF WELL OW-4L, THE APPLICANT <br />THE WELL HAS NOT BEEN LOCATED, SUBMIT A <br />07.3(3) WHICH DESCRIBES THE <br />WELL, OR 8) RECLAIM THE WELL IN <br />STIPULATION N0. 18 <br />WITHIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL RESURVEY ALL <br />EXISTING TOPSOIL STOCKPILES, AND DETERMINE WHETHER A 16 INCH REPLACEMENT <br />DEPTH IS POSSIBLE. IF IT IS DETERMINED NOT TO BE POSSIBLE, THE <br />RECLAMATION PLAN SHALL BE MODIFIED ACCORDINGLY. <br />STIPULATION N0. 19 <br />SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED <br />SUCCESSFUL IF THE PERMITTEE ESTABLISHES AT LEAST FOUR (4) COOL SEASON <br />GRASSES AND TWO (2) FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN <br />THREE (3)% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER. COVER TO BE <br />DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COYER DATA ASSEMBLED <br />DURING SAMPLING FOR MONITORING OR REVEGETAION SUCCESS DETERMINATIONS. <br />STIPULATION NO. 20 <br />WITHIN SIX MONTHS OF THE FINAL APPROVAL DATE OF THIS REVISION, THE <br />PERMITTEE WILL SUBMIT A DETAILED DESIGN PLAN FOR THE COAL MINE WASTE <br />DISPOSAL STRUCTURE AS REQUIRED BY RULE 2.05.3(8)(ii). CONSTRUCTION OF <br />THE STRUCTURE WILL NOT BEGIN UNTIL THE DIVISION HAS APPROVED THE DETAILED <br />DESIGN, IN WRITING. <br />STIPULATION N0. 21 <br />IN ORDER TO MONITOR THE VOLUME OF COAL MINE WASTE MATERIAL DISPOSED OF IN <br />THE APPROVED PILE, THE STRUCTURE WILL dE SURVEYED BY A QUALIFIED <br />REGISTERED ENGINEER DURING EACH QUARTERLY SITE INSPECTION REQUIRED BY <br />RULE 4.10.2. THE PERMITTEE WILL SUBMIT A COMPLETE PERMIT REVISION <br />APPLICATION ADDRESSING ALTERNATIVE COAL MINE WASTE DISPOSAL PLANS BEFORE <br />THE VOLUME OF MATERIAL IN THE APPROVED PILE EXCEEDS 10,000 CUBIC YARDS. <br />IF NO ALTERNATIVE WASTE DISPOSAL PLAN IS APPR04ED, MINING OPERATIONS WILL <br />CEASE WHEN THE APPROVED DISPOSAL PILE VOLUME REACHES 15,000 CUBIC YARDS, <br />AND THE PERMITTEE WILL INITIATE AND COMPLETE RECLAMATION OF THE ENTIRE <br />MINE SITE WITHIN SIX MONTHS OF THE CESSATION OF MINING. <br />8982G <br />