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~( Stipulation No. 18 THE DIVISION DIRECTS MCC TO COMPLETE A DETAILED ANALYSIS OF THE POTENTIAL EFFECTS UPON THE SLOPE STABILITY OF THE LANDSLIDE DEPOSITS ADJOINING BEAVER RESERVOIR. MCC SHALL INSTALL AND MONITOR AN APPROPRIATE SET OF MONUMENTS ON THE LANDSLIDE DEPOSITS IN ORDER TO OBSERVE THE POTENTIAL DISPLACEMENT'OF THE LAND FORM. THE DETAILED ANALYSIS SHALL BE COMPLETED AND SUBMITTED TO THE DIVISION FOR REVIEW, PRIOR TO REQUEST FOR APPROVAL TO EXTRACT COAL BENEATH THE LANDSLIDE DEPOSITS ADJOINING BEAVER RESERVOIR. Because the permit area boundary still includes Beaver Reservoir and the adjoining landslide deposits, the stipulation status will remain "future." STATUS: Future Stipulation No. 19 THE DIVISION DIRECTS MCC, AS A PORTION OF ITS SUBSEQUENT PERMIT APPLICATIONS FOR THE MINE, TO SUBMIT REVISED SUBSIDENCE EVALUATIONS. THE SUBSIDENCE EVALUATION FOR EACH PERMIT PERIOD REQUESTED SHALL INCORPORATE THE RESULTS OF SUBSIDENCE MONITORING AND THE LANDSLIDE STABILITY STUDIES COMPLETED TO DATE, AS STIPULATED ABOVE. PARTICULAR ATTENTION SHALL BE FOCUSED UPON DESIGNATED SAFE AREA BUFFERS, TO BE OBSERVED IN FUTURE MINING BENEATH CRITICAL AREAS, INCLUDING THE DRY FORK OF MINNESOTA CREEK, AND BEAVER RESERVOIR AND THE LANDSLIDE DEPOSITS ADJOINING IT. THE AMENDED SUBSIDENCE EVALUATIONS SHALL INCLUDE THE PROPOSAL OF APPROPRIATE SUBSIDENCE MONITORING NETWORKS WITHIN EACH OF THESE DESIGNATED AREAS. The stipulation refers to areas which are still a part of the life-of-mine permit area. Until these areas are is incorporated into the narrative status will remain "future." STATUS: Future Stipulation No. 20 eliminated or the stipulation commitment of the permit application, the stipulation THE DIVISION DIRECTS MCC TO LIMIT EXTRACTION WITHIN THE DEFINED "CRITICAL AREA BUFFER ZONES" BENEATH THE DRY FORK OF MINNESOTA CREEK AND LICK CREEK, AS DEPICTED ON MAP 50 (FORMERLY EXHIBIT 3.4.4.6.1), TO NO MORE THAN THIRTY (30) PERCENT OF THE IN-PLACE COAL. STATUS: Terminated Stipulation No. 21 THE APPLICANT MUST INSTALL MONITORING WELLS IN, CONDUCT PUMPING TEST ON, AND MONITOR WATER LEVELS AND WATER QUALITY IN THE ALLUVIUM OF DRY FORK, LICK CREEK, SOUTH PRONG AND HORSE CREEK ONE YEAR PRIOR TO MINING WITHIN THE WATERSHEDS OF THESE STREAMS. THE APPLICANT SHALL SUBMIT TO THE DIVISION THE DATA AND RESULTS OF THESE TESTS AND MONITORING ALONG WITH PROJECTED IMPACTS PRIOR TO CONDUCTING MINING WITHIN ANY OF THE WATERSHEDS. -7-