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The following requirements are a condition of this approval: <br />1. The mine operator shall notify MSHA in advance when <br />"critical construction" activities are to take place. The <br />following activities are considered "critical construction". <br />A. Foundation preparation, and the excavation and <br />backfilling of cutoff trenches. <br />B. Construction of the engineered earthen lining, <br />filters and placement of geo-fabrics. <br />C. Construction and the erosion protection for the <br />emergency spillway channel. <br />2. The maximum operating water level of the 6MN Storage <br />Reservoir shall be at elevation 6714.25, to maintain <br />adequate freeboard for the design storm runoff. <br />3. The upper diversion ditch shall be constructed to have a <br />minimum freeboard of 1.00 feet, by either increasing the <br />depth or increasing the bottom width of the ditch. <br />A qualified person in accordance with 30 CFR 77.216-3 must <br />perform examinations of the impoundment. An annual impoundment <br />report must be filed every twelfth month following the date of <br />this approval (30 CFR 77.216-4(a)). <br />If you have any questions regarding this approval, please contact <br />Ronald Gehrke at 303-231-5587 or this office at 303-231-5458. <br />Sincerely, <br />Allyn C. 4'?District Manager