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TR-02 Approved 6/13/89, Suspension of underground sump monitoring and additional information to update water monitoring program TR-03 Approved 4/11/90, Revised drainage control plan TR-04 Approved 11/9/92, Revised backfill slope and update backfill volumes Status of Stipulations The following Stipulation was attached to the approval of the last permit term. STIPULATION NO.1 A PERFORMANCE BOND FOR THE APEX NO. 2 MINE, IN THE TOTAL AMOUNT OF $82,420, PAYABLE TO THE STATE OF COLORADO AND THE UNTIED SATES OF AMERICA, MUST BE FILED WITH THE llIVISION WITHIN 30 DAYS AFTER THE DECISION BECOMES FINAL. PUBLIC NOTICE JUNE 23, 1988 WITH COMMENT PERIOD ENDING JULY 25, 1988 THEREFORE NEW BOND DUE AUGUST 24, 1988. This Stipulation was satisfied with the submittal of the bond. Description of the Environment Topography The topography of the general area is one of a semi-arid steppe region with numerous dip slopes formed by differential erosion of the strata. Elevations within the permit area range from 8000 feet on the northeast/southwest trending ridgeline [0 7400 tee[ along the banks of Trout Creek. Within the permit area, rangeland is restricted to the high plateau and the valley bottom; whereas, the steep-sided valley is utilized by wildlife. Previously, underground mining has occurred within the permit area. Geology The Apex No. 2 Mine is located in the Iles Formation of the Cretaceous Mesa Verde Group which lies above the Tow Creek Sandstone and below the Trout Creak Sandstone. In the area of the mine, the Trout Creek Sandstone has been entirely eroded away and first outcrops about 2.5 miles down dip. There are three coal seams in ascending order: Lower Pinnacle, Upper Pinnacle, and Zone 3. The Apex :Vo. 2 Mine and the previous Apex No. 1 Mine are and were developing the Lower Pinnacle coal seam. Apex No. 2 Mine, C-81-011 4 May 5, 1993