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RIDER TO MINING PERMIT <br />Permit Date: August 16, 1992 Permit No: C-82-055 <br />The following additional stipulations and conditions form an integral part of <br />the foregoing permit: <br />Stipulation No. 6 <br />WITHIN 60 DAYS FOLLOWING PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL <br />PROVIDE TO THE DIVISION AN ADDITIONAL BOND AMOUNT OF $22,366.00, <br />INCREASING THE BOND HELD BY THE DIVISION FROM $189,965.00 TO <br />$212,331.00. THIS BOND INCREASE ORIGINATED FROM THE 1990 MIDTERM <br />REVIEW. <br />Stipulation No. 7 <br />WITHIN 30 DAYS FOLLOWING PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL <br />SUBMIT TO THE DIVISION WRITTEN WAIVERS FROM ANY PERSONS OCCUPYING <br />DWELLINGS WITHIN 300 FEET OF THE PERMIT AREA, AS PER RULE <br />2.07.6(2)(d)(v). <br />Stipulation No. 8 <br />WITHIN 30 DAYS FOLLOWING PERMIT REVISION APPROVAL, THE PERMITTEE WILL <br />SUBMIT TO THE DIVISION WRITTEN DOCUMENTATION VERIFYING THAT THE TWO <br />WATER WELLS ACROSS INTERSTATE 25 FROM THE MINE ENTRANCE, REFERENCED ON <br />PAGE 547 OF THE PERMIT APPLICATION, ARE CURRENTLY OWNED BY SUNDANCE <br />COAL COMPANY. <br />Stipulation No. 9 <br />WITHIN 90 DAYS FOLLOWING PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL <br />SUBMIT TO THE DIVISION AN EVALUATION BASED ON EXISTING AVAILABLE <br />INFORMATION OF THE POTENTIAL FOR DISCHARGE FROM THE HELEN AND ANIMAS <br />PORTALS FOLLOWING RECLAMATION. IF THIS EVALUATION CONCLUDES THAT A <br />REASONABLE POTENTIAL FOR DISCHARGE EXISTS, THE PERMITTEE WILL, WITHIN <br />60 DAYS OF COMPLETION OF THE EVALUATION, PROVIDE AND COMMIT TO A <br />MONITORING PLAN AND REMEDIATION PLANS TO PREVENT OR CONTROL THE <br />DISCHARGE IF SUCH NEED IS INDICATED BY THE MONITORING RESULTS. <br />ADDITIONALLY, IF AN ONGOING DISCHARGE IS PROPOSED, THE PERMITTEE WILL <br />OBTAIN EITHER APPROVAL OR WAIVER FROM THE COLORADO DEPARTMENT OF HEALTH <br />REGARDING AN NPDES/CPDS PERMIT IF THE SEDIMENTATION POND IS REMOVED <br />AFTER PHASE TWO BONG RELEASE. <br />Stipulation No. 10 <br />WITHIN 90 DAYS FOLLOWING PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL <br />SUBMIT FOR APPROVAL A DETAILED PROPOSED COMPACTION TESTING PROGRAM TO <br />BE PERFORMED ON THE COAL REFUSE WASTE PILE. THIS PROPOSED PROGRAM WILL <br />ADDRESS COMPLIANCE WITH APPLICABLE COMPACTION REQUIREMENTS OF <br />RULE 4.10.4(3)(6). IF THE TESTING PROGRAM INDICATES THAT THE COAL <br />REFUSE WASTE PILE DOES NOT MEET THE APPLICABLE COMPACTION REQUIRE- <br />MENTS OF RULE 4.10.4, THE PERMITTEE WILL SUBMIT AND COMMIT TO <br />IMPLEMENTATION OF PLANS FOR A STABILITY EVALUATION TO ASSESS COMPLIANCE <br />WITH THE OVERRIDING STABILITY DESIGN CRITERIA OF RULE 4.10.4(2). <br />