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a requirement that mining beneath the AVF would be only by the <br />room and pillar method and, to further reduce the chance that <br />subsidence would occur, coal extraction would be limited to 50 <br />percent. <br />DMG asserted that permit Stipulation 29 was included in the <br />Golden Eagle mine permit to further ensure that subsidence would <br />not occur: <br />For purposes of even further assuring that the room and <br />pillar operations would not create surface subsidence <br />effects, compliance with Rule 2.05.6(6)(b)(ii) and <br />7.05.6(6)(1) was specifically required under <br />Stipulation 29 as part of the 1984 permit approval, to <br />verify the permittee's conclusion that significant <br />subsidence would not occur over the room-and-pillar <br />areas. This stipulation required the applicant to <br />submit a pillar strength calculation demonstrating that <br />subsidence would not occur as predicted. (This <br />stipulation was later satisfied on August 28, 1984.) <br />State Rule 2.05.6(6)(b)(ii), as quoted below, requires a permit <br />applicant to submit a subsidence monitoring plan with the permit <br />application if it is determined that no material damage or <br />reasonably foreseeable diminution of use could occur: <br />If the description of worst possible subsidence <br />consequences, prepared in accordance with Section <br />2.05.6(6)(b)(i), determines that no material damage or <br />diminution of reasonably foreseeable use could result <br />in the event of mine subsidence within the permit and <br />adjacent areas, and if the Division [of Minerals and <br />Geology] concurs with that conclusion, the application <br />shall include a monitoring program designed to <br />determine the accuracy of that conclusion, as described <br />in Section 2.05.6(6)(c). <br />~ The citation to State Rule 7.05.6(6)(1) is a <br />typographical error. As corrected by DMG in a letter of December <br />21, 1993 (AR III-25), the correct citation should be to State Rule <br />2.05.6(6)(c). <br />23 <br />