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Stipulation No. 9 <br />A detailed subsidence study for Terror Creek Reservoir dam (Bruce Park dam) will be completed <br />and approved prior to mining within one mile of the dam. The study will establish baseline <br />conditions, potential mining-induced seismicity and potential translated effects to the dam. <br />By September 1, 2001, Bowie Resources will submit a technical revision to the permit <br />addressing the investigation, data collection, analysis, and monitoring plan to ensure the safety <br />and integrity of the Terror Creek Reservoir dam (Bruce Park dam). The revision materials will <br />include, but not be limited to, data, a technical report, compliance schedules, a subsidence <br />control plan, a detailed monitoring plan specific to potential seismicity and any other potential <br />impacts induced by longwall mining. In addition, the specific compliance dates and measures <br />will be the following: <br />July 1, 2001 -Complete the drilling program, as referenced in the Colorado Division of <br />Water Resources letter to the Division, dated February 9, 2001, including installation of <br />piezometers or other down-hole instrumentation. <br />September 1, 2001 -Submit the results of the investigation and seismic evaluation of the <br />structure, including recommendations for any additional instrumentation, with the above- <br />referenced technical revision for Division review and approval. <br />3. November 1, 2001 -Install any additional instrumentation in accordance with the final <br />instrumentation plan approved in the above-referenced technical revision. <br />4. Gather all baseline data as required in the above-referenced technical revision, before mining <br />proceeds within a 1 mile radius of the dam. <br />5. Provide a final report and impact analysis, by a second technical revision, at least 90 <br />days prior to anticipated mining within one mile of the dam. <br />Mining within one mile of the Tenor Creek Reservoir (Bruce Park dam) will not be approved <br />until all necessazy monitoring data, analyses, reports and subsidence control plan details aze <br />approved, by the second technical revision, and it is shown that such mining will not adversely <br />impact the dam. <br />Stipulation No. 10 <br />Prior to affecting USDA-Forest Service (FS) water rights by mining, the Operator will submit to <br />the Division for approval, a technical revision that includes 1) a revised Map 23, "Water Rights <br />Location" and revised text that describe the FS water rights within the permit and adjacent area, <br />and 2) verification that acourt-approved water augmentation plan is in effect for those FS water <br />rights within the permit and adjacent azea that maybe contaminated, diminished or interrupted <br />by mining. <br />