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III IIIlllllllllllll <br />999 <br />List of Stipulations Resulting from this Permit Revision Approval: <br />STIPULATION N0. 16 <br />IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS <br />ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX <br />MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN <br />FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S <br />FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION <br />DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF <br />TEMPORARY CESSATION. <br />STIPULATION N0. 17 <br />FOLLOWING DIVISION INSPECTION OF THE AREA OF WELL OW-4L, THE APPLICANT <br />SHALL WITHIN 60 DAYS EITHER A) IF THE WELL HAS NOT BEEN LOCATED, SUBMIT A <br />REPORT IN COMPLIANCE WITH RULE 4.07.3(31 WHICH DESCRIBES THE <br />CIRCUMSTANCES BEHIND LOSS OF THE WELL, OR B) RECLAIM THE WELL IN <br />ACCORDANCE WITH 4.07.3. <br />,% <br />STIPULATION N0. 18 <br />THE APPLICATION PROVIDES FOR THE REPLACEMENT OF 16 INCHES OF TOPSOIL. <br />WITHIN 180 DAYS OF THE PERMIT ISSUANCE, 7HE APPLICANT SHALL RESURVEY ALL <br />EXISTING TOPSOIL PILES AND DETERMINE THE AMOUNT OF TOPSOIL ACTUALLY <br />AVAILABLE. BASED ON SUCH SURVEY THE RECLAMATION PLAN MAY BE MODIFIED, <br />BUT SUCH PLAN SHALL NOT BE MODIFIED TO ALLOW THE REPLACEMENT OF LESS THAN <br />13 INCHES OF TOPSOIL. <br />STIPULATION N0. 19 <br />SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED <br />SUCCESSFUL IF 7HE PERMITTEE ESTABLISHES AT LEAST FOUR (dl COOL SEASON <br />~. GRASSES AND TWO (21 FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN <br />THREE (31% RELATIVE COYER OR MORE THAN 40% RELATIVE COYER. COYER TO BE <br />DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COVER DATA ASSEMBLED <br />DURING SAMPLING FOR MONITORING OR REVEGETAIION SUCCESS DETERMINATIONS. <br />STIPULATION N0. 20 <br />WITHIN SIX MONTHS OF THE FINAL APPROVAL <br />PERMITTEE WILL SUBMIT A DETAILED DESIGN <br />DISPOSAL STRUCTURE AS REQUIRED BY RULE <br />THE STRUCTURE WILL NOT BEGIN UNTIL THE <br />DESIGN. IN WRITING. <br />STIPULATION N0. 21 <br />DATE OF THIS REVISION, THE <br />PLAN FOR THE COAL MINE WASTE <br />2.05.3(81(iil. CONSTRUCTION OF <br />DIVISION HAS APPROVED THE DETAILED <br />IN ORDER TO MONITOR THE VOLUME OF COAL MINE WASTE MATERIAL DISPOSED OF IN <br />THE APPROVED PILE, THE STRUCTURE WILL BE SURVEYED BY A QUALIFIED <br />REGISTERED ENGINEER DURING EACH QUARTERLY SITE INSPECTION REQUIRED BY <br />RULE 4.10.2. THE PERMITTEE WILL SUBMIT A COMPLETE PERMIT REVISION <br />APPLICATION ADDRESSING ALTERNATIVE COAL MINE WASTE DISPOSAL PLANS BEFORE <br />THE VOLUME OF MATERIAL IN THE APPROVED PILE EXCEEDS 10,000 CUBIC YARDS. <br />IF NO ALTERNATIVE WA57E DISPOSAL PLAN IS APPROVED, MINING OPERATIONS WILL <br />CEASE WHEN THE APPROVED DISPOSAL PILE VOLUME REACHES 15.000 CUBIC YARDS, <br />ANO THE PERMITTEE WILL INITIATE ANO COMPLETE RECLAMATION OF THE ENTIRE <br />MINE SITE WITHIN SIX MONTHS OF THE CESSATION OF MINING. <br />