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7. Backf1111n9 and Grading <br />Within the January 12, 1981 proposed decision, the Division acknowledges <br />Kerr Coal's commitment of December 23, 1980 which states in part, "Kerr <br />Coal will agree to have the [temporary overburden] stockpile Inspected <br />and certified by a Kerr Coal engineer on an annual bas15 until the <br />safety factor of the overburden stockpile achieves a 1.5 or better <br />safety factor." To date the Division has not received this (these) <br />certification(s). Kerr Coal should submit this (these) certification(s) <br />to the Division in a timely manner. Any further certifications should <br />be submitted at the same time as the annual hydrology report. <br />IB. Status of Stipulations <br />Stipulations are referred to using the numbering system present in the January <br />12, 7981 CMLRD proposed decision document. <br />J Stipulation No. 1: Ditch construction and design <br />Status: Ongoing <br />Stipulation No. 2: Water monitoring timetable/Annual hydrologic report <br />Status: Resolved/Ongoing <br />Stipulation No. 3: Analysts of coal dust on riparian area at tipple <br />Status: Resolved <br />Stipulation No. 4: Plan to minimize depletion in Sudduth Draw <br />Status: Resolved <br />Stipulation No. 5: Old Sudduth Mtne Bring monitoring <br />Status: Resolved <br />Stipulation No. 6: Final Emissions permit <br />Status: Resolved <br />Stipulation No. 7: Disposition of topsoil within sediment ponds <br />Status: Resolved <br />Conditions: Topsoil to be stripped from impoundment areas of sed- <br />iment ponds. <br />