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"[G]iven the critical nature of the fill as buttress material for the existing slide The DRMS <br /> requires material and compaction specifications for the fill material to ensure acceptable material is <br /> placed and compacted to an appropriate density." Adequacy Review No. 1. <br /> Mr. Dean repeatedly requested from CDRMS any Staff reports or other evidence of what <br /> material was placed in Area H, and CDRMS replied that no records exist or can be produced to <br /> confirm either (i) the nature of the 200 feet of fill already placed in Area H. or (ii) that the existing <br /> fill was compacted at the required one-foot intervals. Mr. Cazier in a March 30, 2020 email <br /> indicated that "Amendment 3 required no such quality control with respect to the placement of fill <br /> materials. As such, the Division does not have any such records. Records and/or demonstrations <br /> of proper backfill in Area H will be required if and only if AM-04 is accepted by the Board." The <br /> absence of any records was confirmed by Mr. Fugate on September 17, 2020, indicating that``[T]he <br /> backfill reporting/records you continue to seek did not exist as a permit requirement under AM03, <br /> therefore there are no records to produce or to direct you to." Again, Area H is critical as it is the <br /> toe, footer or foundation for the proposed new engineered wall to be completed. <br /> How does the Board know Area H can support the buttress wall? <br /> That previous filling of Area H was appropriate at the time because Amendment No. 3 did <br /> not require an engineered buttress wall and use of only compacted structural fill. In fact, the Permit <br /> had been technically- amended to allow importing concrete building foundations and other <br /> construction waste under Amendment No. 3. See TR 19 received on November 6, 2017. The <br /> photographic evidence presented at the hearing, a photograph taken during inspections by the <br /> CDRMS Staff on December 15. 2019. shows clearly that construction debris, not structural fill. has <br /> been placed into Area H. While that vas acceptable under Amendment No. 3, that clearly violates <br /> the requirement for use of structural fill only under Amendment No. 4. That photograph also <br /> demonstrates that compaction at one-foot intervals was not previously accomplished,a requirement <br /> under Amendment No. 4. <br /> 5 <br />