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Stipulation No. 3 <br />PRIOR TO THE USE OF MINE WATER FOR ANY <br />OF MINE WATER, TWIN PINES COAL COMPANY, <br />AND WELL PERMITS REQUIRED BY APPLICABLE <br />MINING ACTIVITIES OR DEWATERING <br />INC., MUST OBTAIN ALL STORAGE <br />STATE LAW. <br />Stipulation No. 4 <br />PRIOR TO ANY DISTURBANCE IN THE PROPOSED LEWIS GULCH FILL AREA, THE <br />APPLICANT MUST SUBMIT A PLAN WHICH IDENTIFIES A LOCATION FOR STORAGE OF <br />THE TOPSOIL REMOVED FROM THE LEWIS GULCH FILL AREA AND THE DIVISION MUST <br />APPROVE THE PLAN. THIS TOPSOIL STORAGE AREA IS TO BE PROPERLY PROTECTED <br />FROM EROSION USING ADEQUATE DITCHES, BERMS OR OTHER MEASURES. THE <br />APPLICANT MUST ALSO SUPPLY THE DIVISION WITH A PLAN TO RECLAIM THE LEWIS <br />GULCH FILL, INCLUDING A DESCRIPTION OF HOW THE STORED TOPSOIL WILL BE <br />UTILIZED DURING RECLAMATION. <br />Stipulation No. 5 <br />PRIOR TO ANY RESEEDING THE APPLICANT MUST TEST THE SEED BED MATERIAL TO <br />DETERMINE THE NEED FOR SOIL AMENDMENTS IN ORDER TO INSURE REVEGETATION <br />SUCCESS. THE APPLICANT SHALL AOD THE NECESSARY MATERIALS (LIME AND <br />FERTILIZER) AS INDICATED BY THE TEST RESULTS. BEFORE CONDUCTING THESE <br />SOIL TESTS THE APPLICANT SHALL SUBMIT THEIR PROPOSED TEST PROGRAM TO THE <br />DIVISION AND HAVE THE TESTING PROGRAM APPROVED. <br />Stipulation No. 6 <br />THE APPLICANT SHALL SUBMIT REVEGETATION SUCCESS STANDARDS IN ACCORDANCE <br />WITH RULE 4.15.10 FOR THE PORTAL AREA WITHIN 90 DAYS OF PERMIT <br />ISSUANCE. AS A MINIMUM, GROUND COVER OF LIVING PLANTS SHALL NOT BE LESS <br />THAN CAN BE SUPPORTED BY THE BEST AVAILABLE TOPSOIL, AND SHALL NOT BE <br />LESS THAN THE GROUND COVER EXISTING BEFORE REDISTURBANCE AND SHALL BE <br />ADEQUATE TO CONTROL EROSION. <br />Stipulation No. 7 <br />THE OPERATOR SHALL CONSTRUCT A SEDIMENT TRAP (3 FEET DEEP AND 10 FEET <br />LONG) AT THE INLET OF THE LEWIS GULCH FILL CULVERT PRIOR TO COMPLETION <br />OF THE FILL. <br />Stipulation No. 8 <br />PRIOR TO UTILIZATION OF THE UNDERGROUND DEVELOPMENT WASTE DISPOSAL AREA, <br />TWIN PINES COAL COMPANY, INC. MUST PROVIDE MASS BALANCE CALCULATIONS ~ <br />WHICH DEMONSTRATE THE MOVEMENT OF MATERIAL TO COVER THE WASTE DISPOSAL <br />AREA WITH TWO FEET OF NON-TOXIC, NON-COMBUSTIBLE SUITABLE PLANT GROWTH <br />MEDIUM IN ACCORDANCE WITH RULE 4.11.4(2). AS A CONSEQUENCE, THE <br />POST-MINING TOPOGRAPHIC MAP MUST ALSO BE REVISED TO REFLECT THESE <br />CHANGES PRIOR TO UTILIZATION OF THE WASTE DISPOSAL AREA. <br />