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their retention is located in the above noted sections in the permit. This stipulation has been <br />complied with. <br />Stipulation 39 <br />"Division approval of permanent retention of Ponds 006, 009, 015, 016, and 017 is conditioned upon <br />the approval of their retention by the State Engineer. Documentation of Office of State Engineer <br />approval of ponds 006, 009, 015, 016, and 017 as permanent impoundments, along with <br />documentation that any necessary water rights have been obtained for the impoundments, shall be <br />provided to the Division prior to approval of any bond release application for the impoundments." <br />This stipulation remains in effect. <br />SECTION IV — Midterm Adequacy Review and Request for Revision <br />Pursuant to Rule 2.08.3, the Division has conducted a midterm review and has found that certain minor <br />modifications are needed to ensure future compliance with the Colorado Surface Coal Mining Reclamation <br />Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. SCC must submit <br />a Minor Revision by July 26, 2013 to address the following items: <br />A review was conducted of Tab 22 of the permit. Page 28 indicates, 'Within the II -W South Mining <br />Area, upland shrub establishment areas are designated on Exhibit 22 -1, as either "Upland Planting <br />Area 1 ", "Upland Planting Area 2 ", or "Seedmix No. 6 ". Exhibit 22 -1 only depicts the fenced shrub <br />plots and concentrated shrub areas but does not designate areas as discussed in the above referenced <br />permit section. Please submit a Minor Revision to the permit to update Exhibit 22 -1 with the <br />appropriate shrub establishment areas designated. <br />2. The reclamation cost estimate contained Attachment 25 -1 of the permit application package will <br />need to be updated based on the current reclamation cost estimate for the site. <br />SECTION V - PERMIT VARIANCES AND SPECIFIC APPROVALS <br />During the Seneca II -W period of operations, the Division authorized a number of variances from the <br />requirement that rough backfilling and grading be conducted within 180 days following coal removal, <br />pursuant to Rule 4.14.1(1)(c). These variances were approved based on information presented by the <br />operator, demonstrating that such variances were warranted given the operational requirements of the mining <br />methods employed. Details regarding the variances can be found in the Division's Findings of Compliance <br />document for PR6 proposed decision, and prior Permit Renewal and Permit Revision Findings of <br />Compliance documents. <br />As of June 2013, all pit area rough grading has been completed, and the operator has completed such rough <br />backfilling and grading operations in conformance with all variances authorized by the Division pursuant to <br />Rule 4.14.1(c). <br />5 <br />