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-5- DIVISION. COLORADO COAL MINING COMPAfVY, UTILIZING MAPS DEPICTING THE ANNUAL SURVEYED CONFIGURATION DURING CONSECUTIVE YEARS, SHALL DETERMINE THE ACTUHL OVERBURDEN SWELL AND BULKING FACTORS ENCOUNTERED. THESE MAPS AND A REPORT PRESENTING THE METHODOLOGY ANU RESULTS OF THIS ANALYSIS SHALL BE SUBMITTED TO THE DIVISION FOR REVIEW AND APPROVAL ON AN ANNUAL BASIS. COLORADO CONL MINING COMPANY SHALL CONTINUE THIS NNALYSIS ON AN ANNUAL BASIS UNTIL THE DIVISION APPROVES ITS CESSATION IN WRITING. SHOULD THESE DETERMINATIONS DISCERN ANY INACCURACY WHICH AFFECTS THE ABILITY OF THE COMPANY TU ACHIEVE THE PROJECTED POST-MINING TOPOGRAPHIC CONFIGURATION, THEN THE COMPANY SHALL REVISE THE MINING AND RECLAMATION PLAN APPROPRIATELY. THE FIRST ANNUAL REPORT SHALL BE DUE 12 MONTHS AFTER PERMIT ISSUANCE. Stipulation No. 12 WITHIN 30 DAYS OF PRODUCTION OF THE FIRST COAL PROCESSING WASTE, THE MATERIAL MUST BE SAMPLED NND ANALYZED FOR GEUCHEMICAL CHHRACTERISTICS. THIS ANALYSIS SHOULD INCLUDE THE FULL SUITE OF PARAMETERS WHICH IS REQUIRED BY THE DIVISION AT THAT TIME, AS SPECIFIED IN CURRENT DIVISION GUIDELINES FOR OVERBURDEN CHEMCIAL PARAMETERS. ALL ANALYSES WILL BE SUBMITTED TO THE DIVISION WITHIN 30 DAYS OF SAMPLING. Stipulation No. 13 PRIOR TO CONSTRUCTING AIVY HAUL ROADS THE OPERATOR MUST SUBMIT ANU HAVE APPROVED, DESIGNS WHICH SHOW THAT ALL CULVERTS HAVE BEEN SIZED TO HANDLE THE 10 YEAR, 24 HOUR PRECIPITNTION EVENT. Stipulation No. 14 PRIOR TU CONSTRUCTION OF SEGMENT 40+005 TO 44+005 OF HAUL ROAD A, THE OPERATOR SHALL SUBMIT AND HAVE APPROVED DESIGNS FUR THE MAITLAND ARROYO CROSSING. Stipulation No. 15 WITHIN 60 DAYS OF CONSTRUCTION OF A HAUL ROAD THE OPERATOR SHALL SUBMIT TU THE DIVISION A CERTIFIED DOCUMENT. THE DOCUMENT SHALL STATE THAT THE HAUL ROAD WAS CONSTRUCTED IN ACCORDNNCE WITH THE PLAN APPROVED IN THE PERMIT APPLICATION AND SHALL BE CERTIFIED BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER. Stipulation No. 16 WITHIN 30 DAYS OF THE LAST DATE OF THE PUBLIC COMMENT PERIOD REQUIRED BY RULE 2.07.4(3)(a), THE CURRENT BOND SHALL BE UPDATED OR REPLACED TO EFFECTIVELY INCREASE THE RECLAMATION BOND HELD BY THE DIVISION TO $345,260.00.