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1 -l <br />Mid-Term Review 21 November 27, 1985 <br />b. This portion of Stipulation No. 22 was resolved upon submittal by Western <br />Fuels on July 18, 1985 of revised pages 5, 7, 8 and 9 of Illustration 32 and <br />revised Maps 106 through 113 which show the as built design, configuration and <br />sizing calculations for the culverts along tributaries of Red Wash traversed <br />by the conveyor maintenance road embankment. The information submitted <br />adequately demonstrates that the road embankments referenced above are <br />adequately protected from erosion and fill saturation during a 10 year-24 hour <br />flood event. A copy of Illustration 29 received by the Division February 18, <br />1982 also supports this demonstration. <br />c. This item was resolved upon submittal by Western Fuels of a copy of <br />revised Illustration 28 on August 26, 1981. The Illustration adequately <br />demonstrates that drainage will be properly controlled at station 7+43+ <br />(referred to as station 7-45.93 in the stipulation) of County Road 65. <br />d. At the time a response to this item was due, Western Fuels submitted a <br />response (August 25, 1981) indicating that the origin of the road base <br />material was unknown but would be imported from an off site location. Western <br />Fuels provided a written commitment that the source would be identified prior <br />to installation and that the material would be tested to verify compliance <br />with the requirements for non-toxic and non-acid forming material. This <br />response was approved by the Division on September 23, 1981, thereby <br />satisfying the requirements of Stipulation No. 22d. <br />e. This portion of stipulation No. 22 was resolved upon submittal by Western <br />Fuels of an August 25, 1981 response stating that there would be no <br />left-handed traffic on County Road 78 (refuse disposal area haul road). <br />f. Western Fuels submitted responses to this stipulation on August 25, 1981 <br />and February 16, 1982 indicating that the 100' buffer requirement is invalid <br />since County Road 78 is not a dedicated or recorded ROW. The Division, upon <br />consultation with the Rio Blanco County Commissioners, concurred with this <br />assessment. Therefore, Stipulation No. 22f is considered resolved. <br />Stipulation No. 23 <br />THE APPLICANT SHALL OBTAIN RIGHTS-OF-WAY FROM BLM PRIOR TO THE CONSTRUCTION OF <br />OFF LEASE ROADS, TRANSMISSION LINES, WATER LINES, AND FACILITIES AND FOR THIRD <br />PARTY FACILITIES ON THE LEASE. <br />This stipulation was resolved with the granting of a B.L.M. Right-Of-Way to <br />Western Fuels on July 23, 1981. <br />Stipulation No. 24 <br />COMPANY HAS NOT SUBMITTED ADEQUATE INFORMATION ON MULE DEER AND ANTELOPE <br />MIGRATION PROBLEMS THROUGH THE AREA OF DISTURBANCE. IN ORDER TO DEVELOP <br />PROPER MITIGATION PLANS FOR THE PROTECTION OF THE INTEGRITY OF MIGRATION <br />ROUTES BRIEFLY IDENTIFIED IN BLM'S FINAL EIS ON THE MOON LAKE PROJECT, THE <br />FOLLOWING STIPULATION HAS BEEN DEVELOPED: THE APPLICANT MUST SUBMIT TO THE <br />