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Appendix A - Inactive Permit Stipulations <br />is Stipulation No. 1 <br />NO MINING IS ALLOWED WITHIN THE MINNESOTA CREEK BASIN UNTIL AN APPROVED <br />ADJUDICATION PLAN IS RECEIVED. <br />STATUS: TERMINATED 1/25/07, STIPULATION WAS FOR F SEAM MINING THAT WAS NOT PROPOSED <br />Stipulation No. 4 <br />WHEN THE APPLICANT SUBMITS A PERMIT APPLICATION TO UNDERMINE THE DRY FORK OF <br />MINNESOTA CREEK, THE SUBSIDENCE PROTECTION PLAN SHALL BE BASED UPON <br />MONITORING INFORMATION COLLECTED DURING THE EARLIER PHASES OF MINING. <br />STATUS: TERMINATED 11/30/1992. <br />Stipulation No. 5 <br />FOLLOWING STOCKPILING, TOPSOIL STOCKPILES THAT WILL NOT BE REDISTRIBUTED FOR FIVE <br />OR MORE YEARS SHALL BE SEEDED WITH THE PROPOSED PERMANENT SEED MIX (EXCLUDING <br />• SHRUBS) AND NOT THE TEMPORARY SEED MIX. <br />STATUS: TERMINATED 11/30/1992 <br />Stipulation No. 6 <br />THE DIVISION DIRECTS MOUNTAIN COAL COMPANY PRIOR TO ANY DISTURBANCE AT THE <br />UPPER WASTE PILE SITE TO SUBMIT AN APPROPRIATE AMENDMENT TO THE OPERATION PLAN <br />WITHIN THE EXISTING PERMIT TO LIMIT EXTRACTION BENEATH THE WASTE PILE AND WITHIN <br />A DEFINED BUFFER ZONE TO PRIMARY DEVELOPMENT ONLY. THE SURFACE BUFFER ZONE <br />WILL BE DEFINED BY THE SUBSIDENCE ANGLE OF DRAW. <br />STATUS: FORGIVEN 8/5/1993 <br />Stipulation No. 8 <br />SURFACE WATER AND GROUNDWATER MONITORING OF THE LOWER PERMANENT <br />UNDERGROUND DEVELOPMENT WASTE PILE WILL INCLUDE THE CHEMICAL CONSTITUENTS <br />SELENIUM, UN-IONIZED AMMONIA AND NITRATE/NITRITE. DETERMINATION OF NITRITE <br />CONCENTRATION WILL BE MADE ONLY WHEN DEEMED NECESSARY BY THE DIVISION. <br />RESULTS AND INTERPRETATIONS ARE TO BE INCLUDED ON A CONTINUING BASIS IN THE <br />• WEST ELK COAL COMPANY QUARTERLY HYDROLOGY REPORTS. ANNUAL HYDROLOGY <br />REPORTS ARE TO INCLUDE A SUMMARY OF SEASONAL CHANGES, IF ANY, FOR ALL CHEMICAL <br />CONSTITUENTS (SURFACE WATER AND GROUNDWATER) MONITORED DURING THE YEAR. <br />56