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PROPOSED STIPULATIONS: <br />Stipulation No. 1 <br />Prior to exposure of groundwater or any pit de-watering, or installation of the underground recharge wells, the <br />applican! will obtain approval from the Division of Minerals and Geology of a water quality monitoring and <br />mitigation plan in the form of a revision to the permit. A copy of the revision shall be forwazded to the objecting <br />party (Georgia Landrus) when submitted to the Division of Minerals and Geology. The water quality monitoring <br />plan must include a plan for collection of baseline or ambient water quality samples, specify the water quality <br />parameters to be monitored, specify a point of compliance, specify the frequency of monitoring and reporting to <br />the Division, and specify a mitigation plan in the event of an exceedence of a water quality parameter. <br />Stipulation No. 2 <br />Prior to dischazge of mine water inlo existing ditches, the applicant will obtain approval from the Division of <br />Minerals and Geology for a ditch stabilization and erosion control plan in the form of a revision to the permit. <br />Stipulation No. 3 <br />Prior to discharge to the west through the two concrete box culverts or other culverts under US Hwy 85 owned <br />and operated by CDGT, the applicant will demonstrate that the culverts can handle the flows from any lawful <br />use by the applicant and that US Hwy 85 will not be negatively impacted. The applicant must obtain written <br />consent from CDOT to discharge mine water into the culverts under US Hwy 85 prior to dischazge into those <br />culverts. <br />Stipulation No. 4 <br />In order to maintain phased bonding for the clay liner, the following permit conditions must be followed; <br />• The applicant shall not mine Pond 2 below the groundwater table unfil Pond 1 is reclaimed to two feet <br />above the groundwater level. <br />• The applicant must begin construction of the slope liner no Later than after two phases have been <br />completely mined to bedrock. <br />• The maximum linear feet of slope liner that may be disturbed and not reclaimed at any given time shall <br />be no greater than 6,000 lineal feet. <br />• Prior to construction of the compacted clay liner, the applicant shalt submit a revision to the permit with <br />detailed information on construction of the compacted clay liner and submit a quality control and <br />assurance plan for the Division's review and approval. A copy of the revision shall be forwazded to the <br />Colorado Department of Transportation (CDOT) when submitted to the Division of Minerals and <br />Geology. <br />• The applicant shall submit and obtain approval from the Division of construction reports on clay-lined <br />slopes that have been completed in order to initiate the next 6,000 lineal feet of mining. <br />• Final release of the clay liner must be obtained from the Office of the State Engineer in order for the <br />Division to release any remaining reclamation bond. <br />Stipulation Na. 5 <br />The applicant will construct perimeter berms, as shown on the mining and reclamation plans, at the beginning of <br />each respective mining phase. The berms shall be seeded with the specified seed mix in the fall or the spring. <br />The applicant shall install irrigation, trees and shrubs as soon as it is feasible after the berms have been <br />constructed. Planting for deciduous trees shall occur prior to October ISf° and after Mazch IS`s. Planting for <br />evergreen trees shall occur prior to October ls` and after Mazch 15`s. <br />Stipulation No. 6 <br />The applicant will not mine within 100 feet of the toe of the slope from the Kerr-McGee gas line until an <br />agreement between Kerr-McGee and the operator for compensation, or to relocate the gas line and associated <br />facilities has been reached and submitted to the Division. Submittal of the agreement and relocation plan for the <br />gas lines and associated facilities must be submitted in the form of a revision to the permit. <br />9 <br />