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<br />cause excessive rilling and gullying or that rilling and gullying on <br />these slopes can be controlled. If the applicant's efforts to control <br />rilling and gullying in the areas reclaimed prove unsuccessful, the <br />applicant will redesign the post-mining topography to eliminate the <br />convexity from the lower portions of the slope. <br />Stipulation No. 4 <br />Prior to commencement of surface coal mining activities in the Moffat <br />Area of the Edna Mine, the Pittsburg & Midway Coal Mining Company must <br />demonstrate that surface coal mining and reclamation operations in the <br />Moffat Area can be feasibly accomplished without inducing mass <br />movements. This demonstration will be accomplished through the use of <br />appropriate geologic, geotechnical and hydrologic investigations. The <br />mine plan and the mining method are to be analyzed to quantify the <br />relationship between the extraction of the Wadge seam coal, the stability <br />of the highwall and upslope areas, and the stability of the post-mining <br />backfill. <br />No disturbance of the Moffat Area shall take place prior to the Division <br />reissuing written findings in accordance with Rule 2.07.6(2) that surface <br />coal mining and reclamation operations can be feasibly accomplished. <br />Stipulation No. 5 <br />A performance bond in the amount of $7,580,933.00, payable to the State <br />of Colorado and the United States of America, must be filed with the <br />Division within five days after the decision becomes final. <br />Pittsburg & Midway objected to the stipulations, resulting in the <br />November 19, 1987 Settlement Agreement between Pittsburg & Midway and the <br />Division. The January 13, 1988 amendment to the 1987 Findings Document listed <br />the following stipulations: <br />Stipulation No. 1 <br />The permittee must submit to MLRD the designs for the Moffat Area <br />sediment ponds at least six months prior to construction, and receive <br />approval for the proposed design before commencing construction of the <br />ponds or mining in the Moffat Area. These designs will reflect current <br />regulatory design criteria, and approval will be contingent on <br />information demonstrating that the ponds' outflow will meet effluent <br />limitations. <br />Stipulation No. lc <br />The applicant shall submit design data for each of the Moffat Area <br />sedimentation pond inflow ditches. This information shall include <br />evidence that ditch slopes will provide positive drainage to the ponds <br />with acceptable velocities. The information should also demonstrate that <br />berms to be constructed will not significantly impound water. <br />-4- <br />