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Stipulation No. 5 FOLLOWING STOCKPILING, TOPSOIL STOCKPILES THAT WILL NOT BE REDISTRIBUTED FOR FIVE OR MORE YEARS SHALL BE SEEDED WITH THE PROPOSED PERMANENT SEED MIX (EXCLUDING SHRUBS) AND NOT THE TEMPORARY SEED MIX. Stipulation No. 6 THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT THE UPPER WASTE PILE SITE, TO SUBMIT AN APPROPRIATE AMENDMENT TO THE OPERATION PLAN WITHIN THE EXISTING PERMIT TO LIMIT EXTRACTION BENEATH THE WASTE PILE AND WITHIN A DEFINED BUFFER ZONE TO PRIMARY DEVELOPMENT ONLY, THE SURFACE BUFFER ZONE WILL BE DEFINED BY THE SUBSIDENCE ANGLE OF DRAW. Stipulation No, 7 THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT THE UPPER WASTE SITE, TO INSTALL SEVERAL ELECTRONIC TILT METER TUBES DOWNSLOPE FROM THE TOE OF THE PROPOSED WASTE STRUCTURE. THESE TILT METER INSTALLATIONS SHALL BE INSTALLED AS SPECIFIED IN WECC'S AUGUST 15, 1985 SUBMITTAL. ONE INDICATOR SHALL BE INSTALLED WITHIN 160 FEET OF THE TOE OF THE WASTE PILE CURRENTLY HALF WAY BETWEEN MONUMENTS 51 AND 54, THE SECOND SHALL BE LISTED APPROPRIATELY 100 FEET NORTHEAST OF MONUMENT S2, 160 NORTH OF TOES OF THE WASTE PILE; AS INDICATED ON DRAWING N0. MG-R C-001, INCLUDED IN THE PERMIT REVISION APPLICATION. DURING THE INSTALLATION OF THESE TILT METER TUBES, THE OPERATOR SHALL AUGER AND LOG THE SURFICIAL AND BEDROCK STATIGRAPHY ENCOUNTERED. AUGERING SHALL CONTINUE UNTIL THE OPERATOR HAS ESTABLISHED INTACT BEDROCK OCCURRENCE. IF ANY EVIDENCE OF EXISTING LANDSLIDE DEPOSITS IS ENCOUNTERED, THE OPERATOR SHALL DEFINE THE NATURE AND EXTENT OF THE PRE-EXISTING SLOPE INSTABILITY. IF SUCH LANDSLIDE ACTIVITY IS DISCERNED, THE OPERATOR WILL BE REQUIRED TO APPROPRIATELY RECONFIGURE THE PILE DESIGN, PRIOR TO INITIATION OF ANY CONSTRUCTION ACTIVITY. Stipulation No. 8 SURFACE WATER AND GROUND WATER MONITORING OF THE LOWER PERMANENT UNDERGROUND DEVELOPMENT WASTE PILE WILL INCLUDE THE CHEMICAL CONSTITUENTS SELENIUM, UNIONIZED AMMONIA, AND NITRATE/NITRITE. DETERMINATION OF NITRITE CONCENTRATION WILL BE MADE ONLY WHEN DEEMED NECESSARY BY THE DIVISION. RESULTS AND INTERPRETATIONS ARE TO BE INCLUDED ON A CONTINUING BASIS IN THE WEST ELK COAL COMPANY QUARTERLY HYDROLOGY REPORTS. ANNUAL HYDROLOGY REPORTS ARE TO INCLUDE A SUMMARY OF SEASONAL CHANGES, IF ANY, FOR ALL CHEMICAL CONSTITUENTS (SURFACE WATER AND GROUND WATER) MONITORED DURING THE YEAR: ANNUAL HYDROLOGY REPORTS ARE TO INCLUDE AN ASSESSMENT OF THE IMPACTS OF THE LOWER WASTE PILE TO THE HYDROLOGIC BALANCE DURING THE PREVIOUS YEAR. Stipulation No. 9 ANNUAL HYDROLOGY REPORTS ARE TO INCLUDE, PURSUANT TO RULE 2.04.7(1)(b), A MAP SHOWING THE PIEZOMETRIC SURFACE OF THE COLLUVIAL AQUIFER IN THE AREA OF THE LOWER PERMANENT UNDERGROUND DEVELOPMENT WASTE PILE, IF ONE DEVELOPS.