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r Stipulation No. 1 NEITHER WEST ELK COAL COMPANY, NOR ANY SUCCEEDING OPERATOR OF THE WEST ELK PROJECT'S COAL LEASES AND RESERVES WILL BE PERMITTED TO MINE COAL WITHIN THE MINNESOTA CREEK BASIN, UNTIL DMG HAS RECEIVED A COPY OF AN ADJUDICATED PLAN OF AUGMENTATION. The B seam mine plan proposes mining under the Minnesota Creek Drainage. MCC has provided an adjudicated plan of augmentation (Exhibit 52, Volume 11). However, Item 54 on page 32 of the plan identifies it as being specific to mining in the F seam. Therefore, the status of the stipulation will remain "future." STATUS: Future Stipulation No. 2 THE APPLICANT SHALL CONTINUE TO SUBMIT TO THE DIVISION AN ANNUAL REPORT OF INFLOWS, DISCHARGES AND CONSUMPTION OF WATER WITHIN THE MINE. THIS REPORT IS TO INCLUDE A MINE WORKINGS MAP SHOWING THE LOCATION AND QUANTITY OF INFLOWS, A TABLE KEYED TO THE MINE MAP WHICH SHALL CONTAIN THE SOURCE (I.E., FAULT, FRACTURES, ETC.>, QUANTITY, DURATION, AND QUALITY (I.E. pH, ELECTRO-CONDUCTIVITY AND TEMPERATURE) OF ALL INFLOWS, A TABLE CONTAINING RECORDS OF WATER DISCHARGED FROM THE MINE, CONSUMED IN THE MINE, AND IMPORTED FOR USE WITHIN THE MINE, A MAP SHOWING CURRENT WATER USES, A DISCUSSION OF THE WATER BALANCE WITHIN THE MINE, AND FINALLY A PROJECTION OF HYDROLOGIC IMPACTS OF MINING IN THE UPCOMING YEAR. THIS SHALL BE SUBMITTED NO LATER THAN APRIL 30 OF EACH YEAR, INCLUDED WITH THE AHR. All of the above information is contained within the permit with the exception of water consumption information. If this information is incorporated into the permit, the stipulation could be terminated. Until then, the stipulation will remain active. One minor change to the stipulation was made. With the approval of Technical Revision No. 54, the due date of the Annual Hydrologic Report (AHR) was changed to April 30 of each year. The above information is submitted with the AHR. STATUS: Active Stipulation No. 3 THE OPERATOR SHALL, UPON CLOSURE, INSTALL WATER-TIGHT SEALS WITHIN THE MINE TO PREVENT GRAVITY DISCHARGE. THIS REQUIREMENT MAY BE WAIVED UPON THE DIVISION'S APPROVAL OF A PLAN SUBMITTED BY THE OPERATOR. THIS PLAN SHALL INCLUDE A DEMONSTRATION THAT THE WATER QUALITY OF THE DISCHARGE FROM THE MINE WORKINGS WILL BE OF ACCEPTABLE QUALITY AND WILL REMAIN ACCEPTABLE AFTER MINE CLOSURE. THIS SHALL INCLUDE CHEMICAL ANALYSIS AND A PREDICTIVE MODEL THAT USES OXIDATION AND REDUCTION POTENTIAL TO DETERMINE LONG-TERM WATER QUALITY OF MINE WATERS. ALSO, THE PLAN SHALL INCLUDE THE CONSTRUCTION OF A SUITABLE CHANNEL FOR MINE DISCHARGE.