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<br />Stipulation No. 3 <br />~~ <br />Prior to mining in the Moffat Area, the applicant shall demonstrate, <br />based upon on-the-ground performance, that the convex lower slopes do not <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 />These stipulations were resolved with the May 12, 1990 Division approval of <br />Permit Revision Ol. Details of their resolution are found in Sections II <br />and V of this document. <br />-5- <br />