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Stipulation No. 11 <br />Prior to sediment Pond 006 construction, Peabody Coal Company must obtain a water or <br />storage right to store water at this pond. The water or storage right should be incorporated <br />into the permit application. Minor Revision No. 6 modified time frame to "response not <br />required until water right issue is resolved." <br />Status: Resolved, S/3/91 <br />Stipulation No. 12 <br />Peabody Coal Company must submit within sixty (60) days of permit issuance a detailed <br />plan for pond dewatering to a level to ensure containment of a ten-year, twenty-four-hour <br />storm without discharge through the emergency spillway. Minor Revision No. 6 modified <br />time frame to "response not required until water right issue is resolved." <br />Status: Resolved, 5/3/93 <br />Stipulation No. 16 <br />Prior to beginning constntction of Pond 005, the applicant shall provide the Division with <br />documentation of the right under Colorado water law to store 16.46 acre-feet of water in <br />Pond 005. <br />Status: Terminated, 6/4/92 <br />St~i ulation No. 17 <br />Prior to initiation of any sediment pond, road, or mining-related construction activity in the <br />North Pit expansion area (excluding Pond 9 and access road), the operator will submit and <br />obtain approval for a technical revision containing: <br />A. Design plans for Pond 5; <br />B. Maps, reports, and plans showing that proposed facilities will not have stability <br />problems affecting the environment or reclamation; and <br />C. Plans for geotechnical monitoring and remediation of any facilities potentially <br />affected by landslides or related phenomena. <br />Status: Resolved, S/21/92 <br />Seneca II-W Mine Page 6 <br />