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~j. 4: -4- STIPULATION N0. 16 THE DIVISION DIRECTS WESTERN SLOPE CARBON TO DEVELOP A PLAN FOR THE PROPER DISPOSAL OF THE COAL PROCESSING WASTE MATERIAL CURRENTLY EXISTING WITHIN THE SURFACE FACILITIES AREA AT THE EAST HAWK'S NEST MINE, INCLUDING, BUT NOT LIMITED T0, THE PORTAL BENCH AND WASH PLAINT EMBANKMENTS. THIS PLAN SHALL DEMONSTRATE CONFORMANCE WITH THE REQUIREMENTS OF RULES 4.06.2, 4.10, 4.11, 4.14, AND 4.27, AS APPROPRIATE. THIS PLAN SHALL BE SUBMITTED TO THE DIVISION FOR REVIEW AND APPROVAL WITHIN 6 MONTHS FOLLOWING ISSUANCE OF THIS PERMIT. STIPULATION NU. 17 WITHIN 3 MONTHS OF PERMIT ISSUANCE THE PERMITTEE SHALL SUBMIT TO THE DIVISION FUR INCORPORATION INTO THE APPLICATON, AN NCCEPTABLE PLAN FUR PLACEMENT AND STORAGE OF COMBUSTIBLE WASTE, OIL AND GREASE, ABANDONED MINING EQUIPMENT AND OTHER NON-COAL WASTE. THE PLAN WILL ADDRESS THE ENVIRONMENTAL PROTECTION MEASURES REQUIRED BY RULE 4.11.4. STORAGE AREAS WILL BE INDICATED ON A MAP OF THE SURFACE FACILITIES AREA. STIPULATION N0. 18 WITHIN 6 MONTHS OF PERMIT ISSUANCE, THE DIVISION DIRECTS WESTERN SLOPE CARBON TO PREPARE AND SUBMIT TO THE DIVISION APPROPRIATE STABILITY NNALYSES OF HNY CUT SLOPE OR FILL SLOPE ADJOINING ROADWAYS AT THE HAWK'S NEST MINES WHICH EXCEEU THE MAXIMUM REGULATORY SLOPE LIMITS CONTAINED WITHIN RULE 4.03. THIS ANALYSIS IS NUT NECESSARY FOR THE STATE HIGHWAY ROADCUTS. THE OPERATOR MAY SUBMIT REPRESENTATIVE "WORST-CASE" ANALYSES, IF GEOTECHNICAL ANALYSIS DEMONSTRATES THAT THE CUT SLOPE AND EMBANKMENT SLOPE SITUATIONS PURPORTED TO BE REPRESENTED BY THESE ANALYSES ARE ANALOGOUS. STIPULATION NO. 19 WITHIN 2 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT TO THE DIVISION AN ACCEPTNBLE PLAN FOR SNOW REMOVAL AND DISPOSAL, TO INSURE THAT SNOW AND ROAD SURFACE MATERIAL IS DISPOSED OF IN AN APPROPRIATE AREA AND DOES NUT INTERFERE WITH SURFACE DRAINAGE. STIPULATION NO. 20 BOND IN THE AMOUNT OF $563,000.00 MUST BE SUBMITTED TO THE DIVISION WITHIN 30 DAYS OF THE FIRST NOTICE OF PROPOSED DECISION PUBLICATION, AND MUST BE SUBMITTED PRIOR TO PERMIT ISSUANCE.