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ALL AREAS THAT HAVE BEEN DISTURBED OR WHICH HAVE THE POTENTIAL TO BE DISTURBED, INCLUDING THE SLIDE DISTURBANCE AREA IN THE POND 015 WATERSHED, AND DRAINAGES UPGRADIENT FROM SEDIMENT PONDS SUBJECT TO SEDIMENT DEPOSITION OR EROSION ASSOCIATED WITH MINING AND RECLAMATION ACTIVITY. STIPULATION 37 PRIOR TO CONSTRUCTION OF ADDITIONAL STOCK PONDS, THE PERMITTEE WILL SUBMIT AND OBTAIN DIVISION APPROVAL OF INDIVIDUAL STOCK POND DESIGNS DEMONSTRATING COMPLIANCE WITH APPLICABLE REQUIREMENTS OF RULE 4.05.9. SUCH DESIGNS WILL BE INCLUDED WITHIN A COMPLETE TECHNICAL REVISION APPLICATION OR APPLICATIONS. STIPULATION 38 BY DECEMBER 1. 2004, THE PERMITTEE WH,L SUBMIT CONSTRUCTION CERTIFICATION BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER FOR EACH EXISTING STOCK POND IMPOUNDMENT, AND THE PERMITTEE WILL COMMIT TO SUBMITTAL OF P.E. CERTIFICATION ON AN ANNUAL BASIS THEREAFTER FOR EACH STOCK POND IMPOUNDMENT IN ACCORDANCE WITH RULE 4.05.9(14). Stipulations Attached to Permit Renewal No. 3 Proposed Decision and Subsequent Revisions Stipulation 24 originated with MR-42, July 29, 1997. The Stipulation specified that proof of resolution of Kentucky Civil Penalty Violation and bond forfeiture associated with Permit 8980140 be submitted to DMG as soon as it becomes available. The stipulation originated based on an Applicant Violator System (AVS) check, and resultant"Conditional Issue" recommendation. The stipulation was carried forward when the RN-3 proposed decision was issued on June 19, 2001, based on AVS check conducted atthattime. Stipulation compliancewas documented based on AVS checks conducted in association with Permit Revision No. 3, issued May 1, 2003. The stipulation has been resolved and terminated. Stipulation 28 originated with RN-3 Renewal Permit. The stipulation required that backfilling and grading of the D pit commence by November 15, 2001. The Division documented compliance during an inspection conducted on November 14, 2001. Statements in the inspection report indicate that backfilling and grading operations had been initiated that day and that a dozer was working at the east end of the D Pit, pushing spoil into the pit. D Pit backfilling and grading was largely completed by the end of 2002. The stipulation has been resolved and terminated. Stipulation 29 was attached to the MR-51 approval decision, issued March 21, 2002. The revision was a field minor revision decision approving minor modification of the temporary stabilization seedmix. The stipulation required submittal of 3 copies of the amended seedmix by April 18, 2002. The properly updated pages were received on April 19, 2002. The stipulation has been resolved and terminated. Seneca II-W Findings Document 5 November 17, 2004 Permit Revision No. 4