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Attachment 1 Page 5 of 7 SPECIAL STIPULATIONS The term "Regulatory authority" means the Department of the Interior, OSM and Colorado Mined Land Reclamation Division. 1. lJithin 180 days of acceptance of approval of the permit the applicant will conduct a cultural resource investigation within the 1/2 mile buffer zone. These investigations will be conducted by a competent cultural resource professional, and a final report submitted to OSM. The survey and discussion must address cultural resources sensitive to blasting, e.g. prehistoric and historic structures, rock shelters, rock art and so on. The required 1/2 mile buffer zone investigation for sensitive cultural resources may be accomplished by a reconnaissance survey or a declaration of negative findings. The applicant may base this declaration on findings of the intensive cultural resources inventory of the life of mine area, previous archeological survey work in the vicinity of the mine with similar environmental conditions and the lack of topographic features that could contain sites that may be sensitive to blasting impacts, e.g. prehistoric and historic structures, rock shelters, rock art and so on. Documentation should be such to allow OSM to seek concurrence from the SHPO that the potential for blasting impact on sensitive sites is minimal. 2. The applicant must resubmit to the regulatory authority the designs for the Moffat area sediment pond at least six months prior to construction, and receive approval for the proposed design before commencing construction of the ponds or mining in the Moffat area. These designs will reflect current regulatory design criteria and approval will be contingent on information demonstrating that the ponds will meet effluent limitations. a. Pittsburg and Midway Coal Company is directed to prepare and submit, for approval by the regulatory authority, Geotechnical and stability analyses of the proposed Moffat area sediment ponds. These analyses should include consideraton of both bedrock (bedding plane and jointing) and surficial (rotational) material failure scenarios, effects of ground water and ponded surface water upon pond slope stability. The potential for cut slope failures above the excavated ponds, and the stability of the final reclaimed configuration. (Static slope safety factors of 1.3 must be attained for reclaimed configurations.) Represen- tative "worst case" analyses are acceptable, if geotechnical analyses show that the pond situation purported to be represented are analogous. The results of these analyses must be approved by the Division prior to the commencement of construction of any of the Moffat area ponds. b. The applicant must construct diversion ditch 1 in the Moffat area to ensure that flow from the Ditch does not outlet into Pond 8. The applicant must also provide erosion control at the ditch outlet to protect the receiving draw from erosion.