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STIPULATION NO. 2 <br />PRIOR TO CONSTRUCTION OF POND 11, SENECA COAL COMPANY MUST <br />SUBMIT ADDITIONAL RECLAMATION PERFORMANCE BOND TO THE <br />DIVISION. THE BOND AMOUNT MUST BE APPROVED BY THE DIVISION. <br />STIPULATION NO. 3 <br />PRIOR TO CONSTRUCTION OF TOPSOIL PILE F, SENECA COAL COMPANY <br />MUST SUBMIT ADDITIONAL RECLAMATION PERFORMANCE BOND TO THE <br />DIVISION. THE BOND AMOUNT MUST BE APPROVED BY THE DIVISION. <br />STIPULATION NO. 4 <br />PRIOR TO RETENTION OF THE YOAST HAUL ROAD AS PART OF THE POST <br />MINING LAND USE, A SIGNED CONSENT FORM FROM MANEOTIS SHEEP <br />COMPANY MUST BE SUBMITTED TO THE DIVISION. <br />STIPULATION NO. 5 <br />WITHIN 180 DAYS OF PERMIT ISSUANCE AND PRIOR TO CONSTRUCTION OF <br />POND 11, THE APPLICANT SHALL SUBMIT A TECHNICAL REVISION TO THE <br />YOAST PERMIT WHICH DEMONSTRATES THAT POND 11 WILL BE LOCATED <br />AS NEAR AS PRACTICABLE TO THE DISTURBED AREA, AND THAT THE POND <br />EMBANKMENT HAS A MINIMUM STATIC SAFETY FACTOR OF 1.3. <br />STIPULATION NO. 6 <br />WITIIIIV SD~CTY DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL SUBMIT <br />A TECHNICAL REVISION TO THE YOAST PERMIT ADDING A SURFACE WATER <br />MONITORING STATION TO GRASSY CREEK DOWNSTREAM FROM THE <br />CONFLUENCE OF GRASSY CREEK AND SCOTCHMANS GULCH. THE REVISION <br />SHALL ALSO ADDRESS MONITORING FREQUENCY AND PARAMETERS TO BE <br />MONITORED. <br />STIPULATION NO. 7 <br />PRIOR TO INITIATING ANY MINE RELATED DISTURBANCE IN THE SAGE <br />CREEK WATERSHED, THE APPLICANT SHALL COMPLETE EVALUATION OF <br />THE PROBABLE HYDROLOGIC CONSEQUENCES OF PROPOSED MINING <br />OPERATIONS IN THE SAGE CREEK WATERSHED. THE EVALUATION SHALL <br />ADDRESS POSSIBLE MATERIAL DAMAGE IN TERMS OF POTENTIAL <br />DEGRADATION OF WATER QUALITY OR QUANTITY WHICH MIGHT RESULT <br />IN IMPAIRMENT OF PRESENT WATER USES WHICH CANNOT BE MITIGATED <br />OR LONG TERM IMPAIRMENT OF EXISTING OR POTENTIAL WATER USES. <br />Yoast Mine 3 July 6, 1995 <br />