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APPENDIX II STIPULATIONS ATTACHED TO 1986 FINDINGS AND PERMIT Kerr Coal Company Marr Strip; Marr Prep Plant 1. KERR COAL IS REQUIRED TO CONSTRUCT ALL DITCHES USING THE DESIGN GRADES RATHER THAN THE GRADES SHDWN ON MAP 16a. IF THIS REQUIRES RELOCATING ANY DITCHES FROM THE LOCATION SHOWN ON THE MaP, THEN A REVISED MAP 16a MUST BE SUBMITTED AT THAT TIME. The requirements of this stipulation are on-going and replaces Stipulation 1 of the 1981 Permit. 2. KERR COAL IS DIRECTED TO SUBMIT TO THIS DIVISION ON A REGULAR BASIS DATA FROM THE AERIAL VOLUMETRIC SURVEYING PROGRAM DESCRIBED ON PAGE 816-124 OF THE ORIGINAL APPLICATION TO DETERMINE WHETHER FUTURE OPERATIONAL EXPERIENCE IS CONSISTENT WITH THE PROJECTED SWELL FACTOR OF 24%. The requirements of this stipulation are on-going. This stipulation replaces Stipulation 11 of the 1981 permit. 3. NO LATER THAN 90 DAYS PRIOR TO THE SCHEDULED COMMENCEMENT OF OPERATIONS ON THE SECOND BONDING INCREMENT (AS SHOWN ON MAP 46) KERR COAL MUST SUBMIT DETAILED WORST CASE RECLAMATION COST ESTIMATES TO THE DIVISION FOR REVIEW. ANY REQUIRED ADDITIONAL BOND AMOUNT MUST BE SUBMITTED AND APPROVED PRIOR TO THE COMMENCEMENT OF OPERATIONS ON THAT INCREMENT. A SIMILAR PROCEDURE SHALL BE FOLLOWED FOR ANY SUBSEQUENT INCREMENTS. This stipulation is on-going, replacing Stipulation 12 of the 1981 permit. R1. THE PERMITTEE IS REQUIRED TO SUBMIT TO THE DIVISION A YEARLY REPORT ON THE PROGRESS OF ALL HYDROLOGIC MONITORING WHICH INCLUDES ALL DATA COLLECTED FOR THAT YEAR AND A DISCUSSION ON ANY CONCLUSION WHICH CAN BE DRAWN FROM THE DATA. This stipulation is on-going. Annual Hydrology Reports have been received on 2/27/87, 11/6/87 and 11/1/88, for 1986, 1987 and 1988 respectively. R2. KERR COAL COMPANY WILL SUBMIT ALL APPLICABLE MAPS, TABLES, AND TEXT WHICH DESCRIBE THE TIMING AND PROBABLE SEQUENCE OF MINING OPERATIONS AND RECLAMATION ACTIVITIES AS CURRENTLY PROJECTED DURING THE FORTHCOMING PERMIT TERM. THIS INFORPIATION MUST BE FULLY SUBMITTED WITHIN 90 DAYS OF PERMIT RENEWAL. Kerr Coal Company submitted TR5 on 10/10/85. The Division did not accept the Kerr submittal and it remains outstanding. Kerr plans to submit a revised Mine Plan within the next two months to address these concerns. R3. DUE TO THE RE-CALCULATED VOLUME Or THE TEMPORARY OVERBURDEN STOCKPILE, AND DUE TO THE POSSIBILITY OF NOT OBTAINING THE SUDDUTH LEASE, KERR COAL MUST DEMONSTRATE WITHIN 90 DAYS OF PERMIT RENEWAL THAT APPROXIMATE ORIGINAL CONTOUR CAN BE ACHIEVED. THIS SUBMITTAL MUST INCLUDE ALL APPLICABLE MAPS, TABLES, FIGURES, AND PERTINENT CALCULATIONS TO FULLY DEMONSTRATE THE ACHIEVABILITY OF AOC.