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<br />Stipulation No. 59 <br /> <br />PARTIAL APPROVAL FOR PERMIT REVISION NO. 4 (PR-04), FOR THE FOIDEL CREEK <br />MINE IS CONDITIONAL UPON RESOLUTION OF THE PITTSTON COMPREHENSIVE <br />SETTLEMENT AGREEMENT THAT COVERS THE VIOLATIONS OF A & D COAL, BLACK <br />GOLD COAL, ELKINS ENERGY, ELKINS COAL, GOLDEN CHIP COAL, BROTHERS COAL, D <br />& J COAL, JANICE MARIE COAL, AND GLORY COAL. PROOF OF RESOLUTION OF THIS <br />COMPREHENSIVE AGREEMENT MUST BE SUBMITTED TO THE DIVISION AS SOON AS IT <br />BECOMES AVAILABLE. <br />Stipulations that had been attached to the permit previously, but have since been resolved include: <br />Stipulation No. 51 had been attached to the permit as a condition of PR-03. This stipulation was added as <br />a result of consultation with the Applicant /Violator Nationwide System. Stipulation No. 51 required <br />resolution of the Pittston Injunction that was associated with mines in West Virginia that had ownership <br />links to Twentymile Coal Company. Submission of information showing the resolution of the Pittston <br />Injunction was provided by Twentymile Coal Company on September 20, 1996. Stipulation S lwas <br />complied with. <br />ti ulation No. 52 required submission of right of entry information for the Swisher coal leaze located in <br />the W%zNE'/, Section 20, SE'/. Section 28, TSN, R86W, prior to mining coal in these locations. This <br />information was provided on September 26, 1996. This stipulation has been complied with. <br />ti ulation No. 53 required Twentymile Coal Company to provide assurance from Hayden-Gore Pazs <br />Powerline owners that power would not be interrupted during subsidence of the Hayden-Gore Powerline. <br />This information was provided on September 11, 1996. This stipulation was satisfactorily complied with. <br />~ljpulation No. 54 required Twentymile Coal Company to submit documentation from Southern Pacific <br />Rail Road providing approval of Twentymile Coal Company's subsidence control plan for undermining of <br />the Southern Pacific tracks. This documentation was supplied to the Division on July 23, 1996. The <br />documentation may be found in Exhibit 7D-1 of the permit. This stipulation is complied with. <br /> <br />