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The following are the active stipulations: <br />Stipulation No. 9 <br />A detailed subsidence study for Terror Creek Reservoir dam (Bruce Park dam) must be completed and <br />approved prior to that time when the projected angle of draw of mining is within one mile of the Bruce <br />Park dam. The study will establish baseline conditions, potential mining-induced seismicity and potential <br />translated effects to the dam. <br />Mining with a projected angle of draw that is within one mile of the Terror Creek Reservoir (Bruce Park <br />dam) will not be approved until all necessary monitoring data, analyses, reports and subsidence control <br />plan details are approved by the Division and it is shown that such mining will not adversely impact the <br />dam. <br />Bowie Resources will submit a technical revision to the permit addressing the investigation, data <br />collection, analysis, and monitoring plan to ensure the safety and integrity of the Terror Creek Reservoir <br />dam (Bruce Park dam). The revision materials will include, but not be limited to, data, a technical report, <br />compliance schedules, a subsidence control plan, a detailed monitoring plan specific to potential <br />seismicity and any other potential impacts induced by longwall mining. The Technical Revision shall <br />address: <br />1. The results of the drilling program, as referenced in the Colorado Division of Water Resources letter <br />to the Division, dated February 9, 2001, including installation of piezometers or other down-hole <br />instrumentation. <br />2. The results of the seismic investigation and evaluation of the structure, including recommendations <br />for any additional instrumentation. <br />3. The installation of any additional monitoring instrumentation, seismic or otherwise, in accordance <br />with the final instrumentation plan. <br />4. A report of all baseline data and a description of the baseline conditions within a 1 mile radius of the <br />dam. <br />5. A final report and impact analysis prior to anticipated mining with a projected angle of draw <br />that is within one mile of the dam. <br />Stipulation No. 10 <br />Prior to affecting USDA-Forest Service (FS) water rights by mining, the Operator will submit to the <br />Division for approval, a technical revision that includes 1) a revised Map 23, "Water Rights Location" <br />and revised text that describe the FS water rights within the permit and adjacent area, and 2) verification <br />that a court-approved water augmentation plan is in effect for those FS water rights within the permit and <br />adjacent area that may be contaminated, diminished or interrupted by mining. <br />Stipulation No. 24 <br />The elevated conveyor over old state highway 133 and the Fire Mountain Canal that is proposed in <br />Technical Revision No. 45 cannot be constructed until Bowie Resources LLC has secured the necessary <br />permits from the Colorado Department of Transportation and the U.S. Bureau of Reclamation. <br />4