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RIDER TO MINING PERMIT Permit Date: May 28, 1998 Permit No: C-81-020 The following additional stipulations form an integral part of the foregoing permit: Stipulation No. Description 1. SIX MONTHS PRIOR TO THE DRIVING OF ROCK SLOPES WITHIN THE MUNGER CANYON MINE FROM THE CAMEO COAL SEAM TO THE UPPER CARBONERA COAL SEAM, THE APPLICANT MUST SUBMIT GEOCHEMICAL AND PHYSICAL ANALYSES OF THE UPPER CARBONERA ROOF AND FLOOR STRATA AND ALL INTERBURDEN STRATA BETWEEN THE CAMEO AND UPPER CARBONERA COAL SEAMS WHICH WILL BE ENCOUNTERED IN THE ROCK SLOPES. 3. THE APPLICANT MUST SUBMIT TO THE REGULATORY AUTHORITY AN ANNUAL REPORT CHARACTERIZING THE INFLOWS, DISCHARGES AND THE CONSUMPTION OF WATER WITHIN THE MINE. THIS REPORT IS TO INCLUDE A CURRENT MINE WORKINGS MAP SHOWING THE LOCATION AND QUANTITY OF INFLOWS: A TABLE KEYED TO THE MINE MAP WHICH SHALL CONTAIN THE SOURCE (I.E., FAULTS, FRACTURES, ETC.), QUANTITY, DURATION, AND QUALITY (I.E., PH, ELECTRO- CONDUCTIVITY AND TEMPERATURE) OF ALL NON-SEEP INFLOWS: A TABLE CONTAINING RECORDS OF WATER DISCHARGED FROM THE MINE, CONSUMED IN THE MINE AND IMPORTED FOR USE WITHIN THE MINE; A DISCUSSION OF THE WATER BALANCE WITHIN THE MINE; AND, A PROJECTION OF HYDROLOGIC IMPACTS OF MINING IN THE UPCOMING YEAR. 5. THE APPLICANT SHALL NOT MINE MORE THAN 100,000 TONS OF COAL ANNUALLY UNTIL THEY HAVE OBTAINED A REVISED AIR QUALITY PERMIT FORM THE COLORADO DEPARTMENT OF HEALTH FOR THE HIGHER PRODUCTION LEVEL. A COPY OF THE PERMIT MUST BE FORWARDED TO THE DIVISION UPON RECEIPT. 7. TOPSOIL MUST BE ANALYZED FOR FERTILIZER ELEMENTS PRIOR TO SEEDING. IF THE SOIL 1S FOUND TO BE PHOSPHOROUS DEFICIENT, PHOSPHOROUS MUST BE INCORPORATED INTO THE TOPSOIL DURING THE RESEEDING PROCESS. ANY OTHER FERTILIZER ELEMENTS WHICH