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• Stipulations Kerr Coai Company MARR STRIP - M,9 RR PREP PLANT 1. KERB COAL IS REQUIRED TO CONSTRUCT ALL UITCHES USING THE DESIGN C•RADES RATHER THAN THE GRADES SHOWfJ OfJ MAP 16a. IF THIS REQUIRES RELOCATING ANY DITCHES FROM THE LO(:ATZON SHOWN ON THE MAP, THEN A REVISED ASAP 16a hfUST BE SUBMITTED AT THAT TIME. 2. KERR COAL IS DIRECTED TO SUBMIT A TIMETABLE FOR INITIATING ALL ASPECTS OF THE MONITORING PROGRAM. DESCRIBED OtJ PAGES 780-109aaa A1JD bbb. [•IE REQUIRE THIS INFORMATION TO BE SUBMITTED BY SEPTEMBER 30, 1981. IN ADDITION KERR COAL IS REQUIRED TO SUBMIT TO THE DIVISION A YEARLY REPORT ON THE PROGRESS OF MONITORING [dHICH INCLUDES ALL DATA COLLECTED FOR THAT YEAR AND A DIS- CUSSION OF ANY CONCLUSIONS WHICH CAN BE DRAWN FROM THE DATA. KERB COAL SHOULD WORK CLOSELY WITH THE DIVISION AS THE PROGRAM IS DEVELOPED AlJD IfODI FY TO INSURE THAT COMPREHENSIVE BUT EFFICIENT FONITORING WILL TAKE PLACE. 3. THE APPLICANT SHOULD REANALYZE AND RESUBFIIT THE EXISTING DATA ZN TABLE 10 TO CONSIDER THE EFFECTS OF COAL DUST ON WATER QUALITI' ZN THE ADJACENT SWAh1P, OR ALTERNATIVELY THE APPLZCAfJT SHOULD REDESIGfl THE WATER MOflITORIflG PROGRAf9 AT THE TIPPLE TO COLLECT USABLE DATA. THIS ZNFORAfATION SHOULD BE SUBMITTED TO T)fE DIVISION NO LATER THAN APRIL 1, 1981. 9. XERR COAL IS REQUIRED TO SUBF47T A PLAN TO THIS DIVISION, NO LATER THAN SEPTEMBER 30, 1981, FOR FfZNIMZZING THE DEPLETION OF G7ATER FROM SUDDUTN DRAW CAUSED BY GROUND [dATER INFLOWS DISCHARGING INTO PIT NO. 3. ANY hfEASURES WHICH THE DIVISION DETERh17NES TO BE NECESSARY TO ALLEVIATE THIS POTENTIAL PROBLEM SHALL BE IMPLEMENTED PRIOR TO MINING ADJACENT TO SUDDUTN DRAW. 5. KERR COAL IS DIRECTED TO FfONITOR WP.TER QUALITY FROM THE SPRING AT THE OLD SUDDUTN MINE QClARTERLY FOR ONE YEAR, ACCORDING TO THE SRME PARAMETERS A$ OTHER HYDROLOGIC MONITORING. RESULTS ARE TO BE SUBh12TTED TO THIS DIVISION. 6. KERR COAL IS REQUIRED TO UPDATE THIS PERMIT ACCORDINGLY AS INITIAL OR FINAL DECISIONS ARE RENDERED RELATIVE TO PENDING EMISSIONS PERMIT APPLICATIONS~FOR THE PROPOSED COAL MINING ACTIVITIES. 7. KERR COAL IS REQUIRED TO STRIP TOPSOIL FROM THE IMP0UNDh1ENT AREA OF ALL SEDIMENT PONDS REMAINING TO BE CONSTRUCTED UNLESS THE DIVISION SPECIFICALLY AUTHORIZES LEAVING THIS TOPSOIL IN PLACE, BASED ON A DEMONSTRATION BY KERR COAL THAT SEDIMENT COLLECTED IN EXISTING PONDS FALLS [•lITHIN 'THE PARAMETERS OF NORMAL SOIL MATERIAL, AND FURTHER THAT THE TOPSOIL BENEATl1 SUCH ACCUMULATED SEDIMENT DOES NOT DEFfONSTRATE ADVERSE IMPACTS FROhf SEDIMENT DEPOSITION OR [DATER RETENTION OR SHOW A TREND TOWARD UNACCEPTABLE SOIL PARAMETERS. SUCH DEMONSTRATION SHALL BE BASED UPON THE RESULTS OF THE SEDIMENT AND TOPSOIL SAMPI•ING PROGRAM PROPOSED BY KERR COAL, WITS! THE ADDITION OF THE FOLLO[dZNG PARAMETERS TO THE ANALYSES: ARSENIC, BORON, COPPER, LEAD, MERCURY, F10LYB DENUM, SELENIUM, ZINC. IF KERR COAL SHOULD CHOSE NOT TO IMPLEMENT THIS SATIPLING PROGRAM, TOPSOIL MUST ALSO BE STRIPPED FROM THE EXISTING PONDS. 8. WITH RESPECT TO SHRUB DENSITY, A JOINT EFFORT IS TO BE MADE BY KERR COAL AND THIS DIVISION TO RESEARCH THE ISSUE OF APPROPRIATE SHRUB DENSITIES, AND AN ACCEPTABLE SUCCESS STANDARD ESTABLISHED NO LATER THAN SEPTEMBER 30, 1981.