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Section 112 Permit <br />Perimeter Slope <br />4. During the February 11th inspection, the Division measured the slopes of the pit to <br />determine whether the slopes have been mined to a gradient steeper than 1.5:1, the <br />standazd set forth in the Respondent's permit. The Division measured gradients of <br />68%, 70% and 71%. These gradients aze steeper than 1.5:1, so the Division issued a <br />notice of violation. <br />5. The Respondent retained a professional land surveyor to measure the gradient of the <br />slope. The surveyor measured the gradient of the slope in question and found it to <br />vary from 1.7:1 to 2.8:1. The surveyor determined that the slope of the area in <br />question satisfies the standard set forth in the Respondent's permit. <br />6. Neither party could demonstrate that they surveyed the same slopes from the same <br />points. Thus, the evidence indicates that the slope gradient of the area in question is <br />not uniform. While there maybe areas in which the slope gradient satisfy the permit <br />standazd, there are areas in which the slope gradient does not satisfy the permit <br />standard. It is not sufficient for the Respondent to maintain only part of the slope at <br />the proper gradient. The slope must be no steeper at any point than the standard set <br />forth in the permit. <br />7. The slope in question lies on the edge of the permit area. The slope gradient <br />established in the Respondent's permit is intended to protect areas outside the permit <br />area from damage caused by slides during mining or reclamation. <br />