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1 1 <br />Mid-Term Review 23 November 27, 1985 <br />FEDERAL LEASE D-047201 <br />T.2N., R. IOlW., 6th PM <br />Sec. 3: Sl/2SE1/4 <br />Sec. 10: NEl/4NE1/4 <br />FEDERAL LEASE C-023703 <br />T.2N., R.lOIW., 6th PM <br />Sec. 3: E1/2 SE 1/4 SW 1/4 <br />This is an ongoing stipulation which will remain attached to permit No. <br />C-81-018 throughout the term of the permit. <br />Stipulation No. 27 <br />UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL SUBMIT WITHIN 30 DAYS <br />PLANS FOR CONSTRUCTION OF POWERLINES USING APPROUED GUIDELINES FOR RAPTOR <br />PROTECTION. <br />Plans for the construction of powerlines using approved guidelines for raptor <br />protection were received on August 26, 1981 and approved by the Division on <br />September 23, 1981, thereby satisfying the requirements of Stipulation No. <br />27. The above referenced plans should be incorporated into the permit <br />application for updating purposes. <br />Stipulation No. 28 <br />UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL COMMIT WITHIN 30 DAYS <br />TO NOT USING PERSISTENT PESTICIDES UNLESS APPROVED BY THE REGULATORY AUTHORITY <br />AND TO FENCE ANY PONDS THAT CONTAIN TOXIC MATERIALS. <br />A written commitment to not use persistence pesticides and to fence any ponds <br />that contain toxic materials was submitted to the Division on October 23, <br />1981, thereby satisfying the requirements of Stipulation No. 28. In order to <br />update the permit, however, Western Fuels needs to incorporate this commitment <br />into the appropriate section of the application. <br />Stipulation No. 29 <br />A STATE AIR QUALITY PERMIT IS REQUIRED BEFORE CONSTRUCTION AND OPERATION CAN <br />BEGIN. <br />Although this stipulation has no specific due date, a valid permit should now <br />be on file since construction and operation of the Deserado Mine has been <br />underway for sometime. No such permit could be located in the Division's <br />copies of the permit application or the Deserado Mine file, however. Western <br />Fuels must submit copies of a valid air quality permit to the Division in a <br />form which can be inserted into the permit application. <br />