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SECTION III — STATUS OF STIPULATIONS <br />S"Pu- Date Date <br />lation Submitted Complied <br />Status Narrative <br />No. With <br />Peabody Coal Co is directed to annually monitor the post- mining <br />topography of backfilled & regraded surfaces of the disturbed area. <br />Monitoring for this purpose shall consist of a contour map (contour <br />1 5/26/1983 4/2/1987 <br />TR interval not exceed 5 ft) produced from an annual survey utilizing <br />field or aerophotogrammetric techniques acceptable to the Div. The <br />post- mining topographic maps shall be submitted to the Div for <br />review & approval on an annual basis. The first submittal is due <br />January 1984. <br />2 4/2/1987 5/26/1987 <br />CW Submit bond for $1,347,246.00 <br />Topsoil salvaged from a small area northwest of the Area 1 highwall <br />10/31/1991 12/29/1991 CW and south of the house near the pit will be temporarily stored west of <br />the fence until being respread after backfill and grading of the pit <br />area is complete. <br />Exhibits 12 -1; 13 -1; 13 -4; 13 -6; 20 -1; 20 -2; 22 -1 will be modified to <br />4 2/28/1989 5/1/1989 CW reflect the approved permit boundaries as depicted on all other <br />pertinent and approved maps of the Nucla area. The maps must be <br />submitted to the division offices no later than May 1989. <br />Exhibits 6 -7; 7 -1; 7 -2; 7 -3; 7 -4; 7 -6; 10 -2; Attachment 11 -2, Map 1; <br />11 -3; 13 -2; Attachment 16 -1, Figures 1, 2, and 3; 17 -1; 17 -2 will be <br />2/28/1989 3/15/1989 CW modified to reflect the approved permit boundaries as depicted on <br />all other pertinent maps of the Nucla East Area. The maps must be <br />submitted to division offices no later than March 15, 1989. <br />Prior to impoundment of water in Pond 007, Peabody Coal <br />Company must submit the final augmentation plan and documents <br />6 2/28/1989 4/20/1993 CW attesting to the approval of this plan to the division. In addition, <br />Peabody must submit a copy of the complete application for a well <br />permit for Pond 007. <br />2/28/1989 4/20/1993 CW All seasonally saturated soils suitable for use as topsoil must be <br />salvaged and used as such. <br />The operator will submit specific plans by April 15, 1989, in <br />conjunction with the annual topsoil balance submittal, for salvage of <br />seasonally saturated soils. These plans will include, at a minimum, <br />2/28/1989 4/15/1989 CW timing and season of salvage operations, techniques used to ensure <br />that soils will not be saturated at the time of salvage and any other <br />applicable techniques that will ensure that the soils will remain <br />suitable for use in reclamation as topsoil. <br />New Horizon Mine -6- December 8, 2010 <br />