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<br />RIDER TO MINING PERMIT <br />Permit Date: February 17, 1992 <br />Permit No: C-80-005 <br />The following additional stipulations and conditions form an integral part of <br />the foregoing permit: <br />Stipulation No. 3: <br />IF DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED <br />CULTURAL RESOURCES ARE DISCOVERED, THE PERMITTEE SHALL INSURE THAT THE <br />SITE IS NOT DISTURBED AND SHALL NOTIFY THE COLORADO DIVISION OF <br />MINERALS AND GEOLOGY AND THE UNITED STATES OFFICE OF SURFACE MINING <br />(OSM). THE PERMITTEE SHALL INSURE THAT THE RESOURCE IS PROPERLY <br />EVALUATED IN TERMS OF THE NATIONAL HISTORIC PLACES ELIGIBILITY CRITERIA <br />(36 CFR 60.61). SHOULD A RESOURCE BE DETERMINED ELIGIBLE FOR LISTING <br />ON THE NATIONAL REGISTER, APPROPRIATE MITIGATION MEASURES WILL BE <br />DEVELOPED AND IMPLEMENTED IN CONSULTATION WITH THE STATE HISTORIC <br />PRESERVATION OFFICE (SHPO), THE BUREAU OF LAND MANAGEMENT (BLM), THE <br />OFFICE OF SURFACE MINING (OSM), AND THE COLORADO DIVISION OF MINERALS <br />AND GEOLOGY (CDMG). <br />Stipulation No. 13: <br />A LIST OF PROPOSED SEED MIXTURES MUST BE SUBMITTED ANNUALLY TO THE <br />DIVISION FOR REVIEW AND APPROVAL. THE LIST SHOULD INCLUDE PURE LIVE <br />SEED (PLS) PER SQUARE FOOT, POUNDS PLS PER ACRE, SPECIES ORIGIN, AND <br />ACRE ESTIMATES TO BE SEEDED FOR EACH MIX. <br />Stipulation No. 17: <br />THE 110-FOOT FILL EMBANKMENT ON THE MAIN HAUL ROAD MUST BE INSPECTED <br />ANNUALLY, OR WITHIN TEN DAYS FOLLOWING ANY STORM WHOSE BACKWATER <br />ELEVATION EXCEEDS THE ELEVATION OF 6,941.1 FEET ABOVE SEA LEVEL <br />(10-YEAR, 24-HOUR MAXIMUM STORM EVENT'S PROJECTED BACKWATER ELEVATION) <br />BY A QUALIFIED GEOTECHNICAL ENGINEER OR ENGINEERING GEOLOGIST. A <br />LETTER OF CERTIFICATION CONTAINING THE RESULTS MUST BE SUBMITTED TO THE <br />DIVISION WITHIN TWO WEEKS FOLLOWING THE INSPECTIONS. <br />Stipulation No. 23: <br />WITHIN 90 DAYS OF ITS PUBLICATION, A COPY OF THE UNITED STATES <br />GEOLOGICAL SURVEY'S LYSIMETER STUDY MUST BE SENT TO THE DIVISION AND <br />OSM TO PROVIDE ADDITIONAL QUANTITATIVE DATA ON FLOW RATES AND WATER <br />QUALITY OF THE SPOIL LEACHATE. <br />Stipulation No. 27: <br />WITHIN 30 DAYS OF THE PROPOSED DECISION TO RENEW THE SENECA II MINING <br />PERMIT FOR A THIRD CONSECUTIVE TERM, PEABODY COAL COMPANY SHALL SUBMIT <br />-6- <br />