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<br />Due to the increased mine water encountered in the Second Right workings <br />in early 1988 the ponds 002, 002A and 0028 were unable to properly treat <br />the mine water discharge which eventually resulted in a Cessation Order <br />(C-88-017) being issued. One of the abatement steps was the construction <br />of a new mine water discharge treatment pond. In order to facilitate and <br />treat the amount of water being discharged, a relatively large level <br />surface area was needed to construct the pond. Due to the topography of <br />the Golden Eagle Mine, the only available place to construct the pond was <br />on the upper terrace of the AVF near pond 003. The justification for <br />building the pond on the AVF was supported by Rule <br />2.06.8 (5 )(a)(i)(A)(I)and II which states that the area of the AYF land <br />affected provided negligible support for the production of the farm and <br />the proposed activity would not materially damage the quantity or quality <br />of water 1n the AVF. <br />A technical revision (TR-06) was submitted to the Division for the <br />construction of the pond in April 1988, called complete in June 1988, and <br />finally approved in October 1988. To assure that the AVF would not be <br />materially damaged and the disturbed area would be restored to its <br />essential hydrologic function, the Division attached five stipulations to <br />the approval to construct the pond. Those stipulations are repeated here. <br />Stipulation No. 43 <br />UPON CONSTRUCTION AND PRIOR TO USE OF POND 005, THE OPERATOR WILL LINE <br />THE INTERIOR EMBANKMENTS OF THE POND WITH BENTONITE CLAY OR A SUITABLE <br />LINER APPROVED BY THE DIVISION. <br />Stipulation No. 44 <br />PRIOR TO ANY DISCHARGE FROM POND <br />EMPLOY A LINED DITCH OR PIPELINE <br />INTO THE PURGATOIRE RIVER. <br />005, THE OPERATOR NILL CONSTRUCT AND <br />TO CONVEY THE DISCHARGED WATER DIRECTLY <br />Stipulation No. 45 <br />THE OPERATOR WILL ADD PAW-7 AS A MONITORING WELL WITH THE SAME <br />REQUIREMENTS AS PAIQ-5 AND PAID-6. PAW-7 SAMPLING DATA SHALL BE INCLUDED <br />IN THE FOURTH QUARTER HYDROLOGIC MONITORING REPORT FOR 1988 AND ALL <br />PREVIOUS DATA FROM PAW-7 SHALL BE PROVIDED TO THE DIVISION. THE OPERATOR <br />WILL ALSO PROVIDE WELL DESIGN INFORMATION TO THE DIVISION PRIOR TO USING <br />THE POND. <br />Stipulation No. 46 <br />THE OPERATOR WILL COMPLETE CONSTRUCTION AND INSTIGATE USE OF POND 005 <br />WITHIN 60 DAYS OF FINAL APPROVAL OF TECHNICAL REVISION 06 (TP.-06 ). <br />Stipulation IJo. 47 <br />THE OPERATOR WILL PROVIDE AN UPDATED FIGURE 1 MAP TO REFLECT THE CHANGES <br />IN STIPULATIONS 43-46 PRIOR TO USING THE POND. <br />-32- <br />