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<br />-49- <br />i <br />The following stipulation is necessary to make a finding of compliance with <br />Rule 2.06.8(5) and 4.24.2: <br />Stipulation No. 17: <br />PRIOR TO SECONDARY OR RETREAT MINING UNDER APACHE CANYON, THE PERMITTEE <br />MUST SUBMIT TO THE DIVISION SUFFICIENT EVIDENCE FOR THE DIVISION TO MAKE <br />FINDINGS THAT THE OPERATION WILL: <br />1) NOT INTERRUPT, DISCONTINUE, OR PRECLUDE FARMING ON THE ALLUVIAL <br />VALLEY FLOORS. <br />2) NOT CAUSE MATERIAL DAMAGE TU THE QUANTITY OF GROUND WATER THAT <br />SUPPLIES THE ALLUVIAL VALLEY FLOORS. <br />3) PRESERVE THE ESSENTIAL HYDROLOGIC FUNCTIONS OF THE ALLUVIAL VALLEY <br />FLOORS. <br />With satisfactory resolution of the above stipulations, the proposed operation <br />will be in compliance with requirements of this section. <br />IX. Water Rights and Replacement - Rules 2.04.7(3), 2.05.6(3 <br />2.0 .6 2 c and 4.05.15 <br />Portions of the application dealing with water rights can be found on pages <br />2.04-9 through 2.04-11, 2.05-4, 2.05-44 and Exhibit 8 of Vol. I. <br />Information concerning water rights has been reviewed by the State Engineer's <br />Office. Based upon their review, memos and correspondence contained in both <br />Water Resource Division files and Mined Land Reclamation files, the Division <br />has determined that the proposed operation is in compliance with the <br />requirements of this section. <br />X. Climatological Information and Air Resources - Rul <br />Baseline information presented in the application on pages 2.04.11 through <br />2.04.12 and Tables 8 and 9 dealing with climatic conditions and Exhibit 19 <br />dealing with air resources protection have been reviewed by the Division for <br />compliance. The applicant has supplied all of the information required by the <br />Rules and Regulations. <br />The proposed operation is in compliance with the requirements of this section. <br />XI. Soils - Rules 2.04.9, 2.05.3(5), 2.05.4(2)(d), and 4.06 <br />Baseline soils information is presented on pages 2.04-12 to 2.04-15 of Volume <br />I and Exhibit 11 of Volume II of the application. Information regarding <br />topsoil removal and storage is provided on pages 2.05-14 through 2.05-2U of <br />Volume I. The topsoil redistribution plan for this operation is given on <br />pages 2.05-29 and 2.05-30 of Volume I of the application. <br />