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Stipulation No. 1 The permittee must submit to MLRD the designs for the Moffat Area sediment ponds at least six months prior to construction, and receive approval for the proposed design before commencing construction of the ponds or mining in the Moffat Area. These designs will reflect current regulatory design criteria, and approval will be contingent on information demonstrating that the ponds' outflow will meet effluent limitations. Stipulation No. la The permittee is directed to prepare and submit, for approval by the Division, geotechnical and stability analyses of the proposed Moffat Area sediment ponds. These analyses should include consideration of both bedrock (bedding plane and jointing) and surficial (rotational) material failure scenarios, effects of ground water and ponded surface water upon pond slope stability, the potential for cut slope failures above the excavated ponds, and the stability of the final reclaimed configuration (static slope safety factors of 1.3 must be attained for reclaimed configurations). Representative "worst case" analyses are acceptable if geotechnical analyses show that the pond situations purported to be represented are analogous. The results of these analyses must be approved by the Division prior to the commencement of construction of any of the Moffat Area ponds. Stipulation No. lb The applicant must construct Diversion Ditch 1 in the Moffat Area to ensure that flow from the ditch does not outlet into Pond 8. The applicant must also provide erosion control at the ditch outlet to protect the receiving draw from erosion. Stipulation No. lc The applicant shall submit design data for each of the Moffat Area sedimentation pond inflow ditches. This information shall include evidence that ditch slopes will provide positive drainage to the ponds with acceptable velocities. The information should also demonstrate that berms to be constructed will not significantly impound water. Stipulation No. 2 Prior to disturbance in the Moffat Area, the applicant shall submit and receive approval of a proposed plan concerning the deposition of excess spoil outside of the mined area. Adequate analyses will be submitted to determine compliance with Part 4.09 of the Colorado Permanent Regulatory Program, including, but not limited to, stability analyses, construction details and hydrologic assessment. Stipulation No. 3 Prior to mining in the Moffat Area, the applicant shall demonstrate, based upon on-the-ground performance, that the convex lower slopes do not -3-