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July 1, 2001 -Complete the drilling program, as referenced in the Colorado Division of <br />Water Resources letter to the Division, dated Februazy 9, 2001, including installation of <br />piezometers or other down-hole instrumentation. <br />September 1, 2001 -Submit the results of the investigation and seismic evaluation of the <br />structure, including recommendations for any additional instrumentation, with the above- <br />referenced technical revision for Division review and approval. <br />3. November 1, 2001 -Install any additional instmmentation in accordance with the final <br />instrumentation plan approved in the above-referenced technical revision. <br />4. Gather all baseline data as required in the above-referenced technical revision, before mining <br />proceeds within a l mile radius of the dam. <br />5. Provide a final report and impact analysis, by a second technical revision, at least 90 <br />days prior [o anticipated mining within one mile of the dam. <br />Mining within one mile of [he Terror Creek Reservoir (Bruce Pazk dam) will not be approved <br />until all necessazy monitoring data, analyses, reports and subsidence control plan details are <br />approved, by the second technical revision, and it is shown that such mining will not adversely <br />impact [he dam. <br />Stipulation No. 10 <br />Prior to affecting USDA-Forest Service (FS) water rights by mining, the Operator will submit to <br />the Division for approval, a technical revision that includes 1) a revised Map 23, "Water Rights <br />Location" and revised [ex[ [hat describe the FS water rights within the permit and adjacent area, <br />and 2) verification [ha[ a court-approved water augmentation plan is in effect for [hose FS water <br />rights within the permit and adjacent area that may be contaminated, diminished or interrupted <br />by mining. <br />Stipulation No. 12 <br />The permit revision of the Bowie No. 2 Mine is conditioned upon the resolution of Kentucky <br />civil penalty violations, cessation orders and bond forfeitures associated with permit number <br />8980140 under A.T. Massey/Ziegler settlement; of Kentucky Citation No. C-89-081-414-01 <br />(Permit Number 4977004) for Star Fire Mining; of Virginia civil penalty violations and bond <br />forfeitures and West Virginia violations and bond forfeitures under the Pinson Settlement; and of <br />the Kentucky civil penalties, cessation orders and bond forfeitures under the Island Creek <br />Settlement. Proof of resolution and settlement should be submitted to the Division of Minerals <br />and Geology as soon as they become available. <br />