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<br /> <br />included in the Permit Renewal as it originally appeared in the <br />Existing permit, as follows: <br />Stipulation No. lc: <br />THE APPLICANT SHALL SUBMIT DESIGN DATA FOR EACH OF THE <br />MOFFAT AREA SEDIMENTATIOD] POND INFLOW DITCHES. THIS <br />INFORMATION SHALL INCLUDE EVIDENCE THAT DITCH SLOPES <br />WILL PROVIDE POSITIVE DRAINAGE TO THE PONDS WITH <br />ACCEPTABLE VELOCITIES. THE INFORMATION SHOULD ALSO <br />DEMONSTRATE THAT BERMS TO BE CONSTRUCTED WILL NOT <br />SIGNIFICANTLY IMPOUND LVATER. <br />5. Stipulation No. 2 of the Proposed Decision stated: <br />PRIOR TO DISTURBANCE IN THE MOFFAT AREA, THE APPLICANT <br />SHALL SUBMIT AND RECEIVE APPROVAL OF A PROPOSED PLAN <br />CONCERNING THE DEPOSITION OF EXCESS SPOIL OUTSIDE OF THE <br />MINED AREA. ADEQUATE ANALYSES WILL BE SUBMITTED TO <br />DETERMINE COMPLIANCE WITH PART 4.09 OF THE COLORADO <br />PERMANENT REGULATORY PROGRAM, INCLUDING, BUT NOT LIMITED <br />TO, STABILITY ANALYSES, CONSTRUCTION DETAILS AND <br />HYDROLOGIC ASSESSMENT. <br />P&M has prepared and submitted to the Division for <br />approval a stabilit}• analysis and hydrologic assessment concerning <br />the deposition of excess spoil outside the mined area of the <br />Moffat Area. P&M has, to date, partially satisfied Stipulation <br />No. 2. However, some issues with respect to the Stipulation <br />remain unsatisfied. For this reason, P&M agrees to commit to five <br />(5) demonstrations prior to initiating placement of permanent <br />excess spoil in the PSOffat Area. P&M shall submit to the Division <br />for approval the following: <br />(a) provide a design, including maps and cross-sections, for <br />the excess spoil facility; <br />-6- <br />