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Page 2 <br />Section 4.10.3 <br />2. that a certified design, with cross-sections, be submitted to illustrate the above restrictions for the interim <br />(stipulation) period of time [Rule 2.05.3(8)(a)(ii)]. <br />3. that the materials be placed in horizontal lifts as proposed in the final design [Rule 4.09.1(7)]. <br />4. That the inspections of Rules 4.09.1(1 1) and 4.10.2 be accomplished. That the lack of springs or seeps <br />be specifically mentioned in one of the inspection reports. That upland diversions ditches aze in place <br />should be specifically mentioned in one of the inspection reports (see Restriction 6 below). <br />5. That the Division approve the construction without underdrains [Rule 4.09.1(13)]. <br />6. That the final design diversion ditches be in place before placement of any mine waste materials [Rule <br />4.09.2(7)]. <br />7. That the interim design provide for back-slope of the fill materials to divert surface mnoff from the face <br />to stabilized channels off the fill materials (Rules 4.09.2(7) and 4.10.3(2)]. <br />8. That the stipulation include, for the final design, provision of the required site-specific geotechnical <br />investigations, design and construction requirements [Rule 2.05.3(8)(a)(ii)(D)]; and demonstration of a <br />minimum static safety factor of 1.5 [Rules 4.09.1(14) and 4.10.4(2)]. The accomplishment of this work is a <br />prerequisite to lifting of the restrictions for the interim waste bank. <br />With regard to the responses of the December 26, 2006 letter: <br />Item 11. This is a subject of the stipulation. <br />Item 12. This is a subject of the stipulation. <br />Item 13. Accepted. <br />Item 14. Accepted (This was a recommendation. The contingency is that erosion develops on the face and <br />Phase 1[I bond release is thus delayed.) <br />C:\bgw\My Documents\Support\96083 Bowie 2\C-96-083 Bowie 2 Gob Pile 2 west expansion, advance <br />work.doc <br />~"v~A ., OO WIEZ B/ROV/hE MO I <br />