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LIST OF STIPULATIONS <br />The following is a list of stipulations and their status. The numbering used in this findings <br />document is the numbering used in the Division's computer database. Numbers aze assigned <br />sequentially, and not used again after stipulation termination. <br />Stipulation #1 <br />Kerr Coal is required to construct all ditches using the design grades rather than the grades shown <br />on map 16A. If this requires relocating any ditches from the location shown on the map, the <br />revised map 16A must be submitted at that time. This stipulation was replaced by Stipulation <br />#13 in 1986. <br />Status: Terminated. <br />Stipulation #2 <br />Submit an annual hydrologic report. This is now included in the PAP, p. 816-78R. <br />Status: Terminated 2-24-2006. <br />Stipulation #3. <br />The applicant should reanalyze and resubmit the existing data in Table 10 to consider the effects <br />of coal dust on water quality in the adjacent swamp or alternatively, the applicant should redesign <br />the water monitoring program at the tipple to collect usable data. This information should be <br />submitted to the Division no later than April 1, 1981. <br />Status: Terminated 3-20-1981. <br />Stipulation #4 <br />Ken Coal is required to submit a plan to the Division no later than September 30, 1981, for <br />minimizing the depletion of water from Sudduth Draw caused by groundwater inflows <br />dischazging into pit 3. Any measures which the Division determines to be necessary to alleviate <br />this potential problem shall be implemented prior to mining adjacent to Sudduth Draw. <br />Status: Complied with 10-21-1981 <br />Stipulation #5 <br />Kerr Coal is directed to monitor water quality from the spring at the old Sudduth Mine quarterly <br />for one yeaz, according to the same parameters as other hydrologic monitoring. Results are to be <br />submitted to the Division. <br />Status: Complied with 11-8-1982. <br />Stipulation #6. <br />Kerr Coal is required to update this permit accordingly as initial or final decisions are rendered <br />relative to pending emissions permit applications for the proposed coal mining activities. <br />Marr Mine Permit Renewal OS <br />17 Mazch 2006 <br />-2- <br />