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<br />Stipulation No, 4 <br />WHEN THE APPLICANT SUBMITS A PERMIT APPLICATION TO UNDERMINE THE DRY FORK <br />OF MINNESOTA CREEK, THE SUBSIDENCE PROTECTION PLAN SHALL BE BASED UPON <br />MONITORING INFORMATION COLLECTED DURING THE EARLIER PHASES OF MINING. <br />The stipulation has been satisfac torily <br />application with the following sentence <br />is submitted to underniine the Dry Fork, <br />be evaluated and altered, if necessary, <br />during earlier mining." The status of <br />"terminated" as of the date of receipt <br />New Status: Terminated. <br />Stipulation No, 5 <br />incorporated into the permit <br />found on page 3-79: "When a mine plan <br />this subsidence protection plan will <br />based upon subsidence data collected <br />this stipulation may now be considered <br />of revised page 3-79 (October 27, 1989). <br />FOLLOWING STOCKPILING, TOPSOIL STOCKPILES THAT WILL NOT BE REDISTRIBUTED <br />FOR FIYE OR MORE YEARS SHALL BE SEEDED WITH THE PROPOSED PERMANENT SEED <br />MIX (EXCLUDING SHRUBS) AND NOT THE TEMPORARY SEED MIX. <br />Status of this stipulation can be changed to "terminated" if WECC chooses to <br />change the tense of a sentence on page 4-5. The sentence presently reads <br />"Topsoil stockpiles in place for five years or more have been seeded with the <br />permanent seed mix described in Table 4.4.5 .A, ...". The sentence should be <br />revised to read approximately as follows to be a commitment rather than a <br />statement of fact: "Topsoil stockpiles that will not be redistributed for five <br />or more years will be seeded with the permanent seed mix (see Table 4,4.5.A), <br />excluding shrubs, and not the temporary seed mix." Until this or an <br />equivalent change is made, the stipulation status will remain "active". <br />Status: Active. <br />Stipulation No. 6 <br />THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT <br />THE UPPER WASTE PILE SITE, TO SUBMIT AN APPROPRIATE AMENDMENT TO THE <br />OPERATION PLAN WITHIN THE EXISTING PERMIT TO LIMIT EXTRACTION BENEATH THE <br />WASTE PILE AND WITHIN A DEFINED BUFFER ZONE TO PRIMARY DEVELOPMENT ONLY. <br />THE SURFACE BUFFER ZONE WILL BE DEFINED BY THE SUBSIDENCE ANGLE OF DRAW. <br />The Division accepts WECC 's response to terminate this stipulation. The <br />Division also recognizes that conditions from which the stipulation arose no <br />longer apply as the plans for the waste pile and mining sequences have changed <br />dramatically. Therefore, the status will be changed from "future" to <br />"forgiven". <br />New Status: Forgiven. <br />-2- <br />