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RIDER TO MINING PERMIT <br />Permit Date: August 16, 1992 Permit No: C-82-055 <br />The following additional stipulations and conditions form an integral part of <br />the foregoing permit: <br />Stipulation No. 6 <br />WITHIN 60 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL PROVIDE <br />TO THE DIVISION AN ADDITIONAL BOND AMOUNT OF $22,366.00, INCREASING THE <br />BOND HELD BY THE DIVISION FROM $189,965.00 TO $212,331.00. THIS BOND <br />INCREASE ORIGINATED FROM THE 1990 MIDTERM REVIEW. <br />Stipulation No. 7 <br />WITHIN 30 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL SUBMIT TO <br />THE DIVISION WRITTEN WAIVERS FROM ANY PERSONS OCCUPYING DWELLINGS <br />WITHIN 300 FEET OF THE PERMIT AREA, AS PER RULE 2.07.6(2)(d)(v). <br />Stipulation No. 8 <br />WITHIN 30 DAYS OF PERMIT REVISION APPROVAL, THE PERMITTEE WILL SUBMIT <br />TO THE DIVISION WRITTEN DOCUMENTATION VERIFYING THAT THE TWO WATER <br />WELLS ACROSS INTERSTATE 25 FROM THE MINE ENTRANCE, REFERENCED ON PAGE <br />547 OF THE PERMIT APPLICATION, ARE CURRENTLY OWNED BY SUNDANCE COAL <br />COMPANY. <br />Stipulation No. 9 <br />WITHIN 90 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL SUBMIT TO <br />THE DIVISION AN EVALUATION BASED ON EXISTING AVAILABLE INFORMATION OF <br />THE POTENTIAL FOR DISCHARGE FROM THE HELEN AND ANIMAS PORTALS FOLLOWING <br />RECLAMATION. IF THIS EVALUATION CONCLUDES THAT A REASONABLE POTENTIAL <br />FOR DISCHARGE EXISTS, THE PERMITTEE WILL, WITHIN 60 DAYS OF COMPLETION <br />OF EVALUATION, PROVIDE AND COMMIT TO A MONITORING PLAN AND REMEDIATION <br />PLANS TO PREVENT OR CONTROL DISCHARGE IF SUCH NEED IS INDICATED BY <br />MONITORING RESULTS. ADDITIONALLY, IF ONGOING DISCHARGE IS PROPOSED, <br />THE PERMITTEE WILL OBTAIN EITHER APPROVAL OR WAIVER FROM THE COLORADO <br />DEPARTMENT OF HEALTH REGARDING THE NPDES/CPDS PERMIT IF THE <br />SEDIMENTATION POND IS REMOVED AFTER PHASE TWO BOND RELEASE. <br />Stipulation No. 10 <br />WITHIN 90 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL SUBMIT <br />FOR APPROVAL A DETAILED PROPOSED COMPACTION TESTING PROGRAM i0 BE <br />PERFORMED ON THE COAL REFUSE WASTE PILE. THIS PROPOSED PROGRAM WILL <br />ADDRESS COMPLIANCE WITH APPLICABLE COMPACTION REQUIREMENTS OF <br />RULE 4.10.4(3)(B). IF THE TESTING PROGRAM INDICATES THAT THE COAL <br />REFUSE WASTE PILE DOES NOT MEET THE APPLICABLE COMPACTION REQUIRE- <br />MENTS OF RULE 4.10.4, THE PERMITTEE WILL SUBMIT AND COMMIT TO <br />IMPLEMENTATION OF PLANS FOR A STABILITY EVALUATION TO ASSESS COMPLIANCE <br />WITH THE OVERRIDING STABILITY DESIGN CRITERIA OF RULE 4.10.4(2). <br />-6- <br />