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Technical Revision No. 31 was approved with Stipulation No. 18 attached. This stipulation required the <br />submittal of a rockfall report and the construction of a rockfall berm above the facilities area before the <br />mine plan change in the west district could be implemented. Stipulation No. 18 was complied with. <br />Stipulation No. 19 was attached to Technical Revision No. 34 and required the submittal of the necessary <br />air emissions permits before the B-2 coal seam portal bench upland conveyor could be used. The air <br />emissions permits were submitted so Stipulation No. 19 was terminated. <br />Stipulation No. 20 was attached to Succession of Operator No. 2 and required the resolution of one AVS <br />issue before the permit could be transferred from Bowie Resources Limited to Bowie Resources LLC. <br />Stipulation No. 20 was terminated. Also attached to Succession of Operator No. 2 was Stipulation No. 21. <br />This stipulation required proof that the BLM coal leases were transferred from Bowie Resources Limited <br />to Bowie Resources LLC. Stipulation No. 21 was complied with. <br />Stipulation No. 22 was attached to Field Minor Revision No. 52 and required a permit text revision to <br />reflect that BRL could use a pump on a temporary basis to dewater pond B. With the submittal of the <br />permit text changes, this stipulation was complied with. The use of the pump for pond B became <br />permanent through Technical Revision No. TR-38. The approval of the relocation of one gob vent <br />borehole through Field Minor Revision No. 61 was contingent on the resolution of Stipulation No. :23. <br />This stipulation was complied with when the permit text, map and reclamation cost estimate were <br />submitted. <br />Stipulation No. 24 was attached to Technical Revision No. 45 and required the submittal of permits from <br />CDOT and the Bureau of Reclamation before the elevated conveyor to gob pile no. 3 could be <br />constructed. However, in TR-49 BRL received approval to use a haul road instead of constructing the <br />elevated conveyor. Therefore, when TR-49 became final, Stipulation No. 24 was terminated and was <br />replaced with Stipulation No. 26. This stipulation is still active and requires the submittal and approval of <br />the necessary CDPHE permits before coal waste can be transported to gob pile no. 3. <br />Field Minor Revision No. 84 had Stipulation No. 25 attached to it. This stipulation required the submittal <br />of revised permit pages and maps describing the topsoil storage project. With the submittal of these <br />materials, Stipulation No. 25 was complied with on November 27, 2007. <br />In Technical Revision No. 64, BRL received approval to increase the height of gob pile no. 4. However, <br />Stipulation No. 27 limits the total volume of material stored at gob pile no. 4 until the appropriate <br />construction permit is revised. This stipulation is still active. <br />Originally, lease modification FCL-D-036955 was part of PR-12. However, the lease modification was <br />taken out of PR-12 since the modification is still pending. Stipulation No. 28 was added to the proposed <br />decision for PR-12 so that mining in the lease modification area would not be permitted until appropriate <br />approvals from the Bureau of Land Management and the Division were secured. <br />The following are the active stipulations: <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