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<br /> <br />2. Stipulation No. la of the Proposed Decision stated as <br />follows: <br />THE PERMITTEE IS DIRECTED TO PREPARE AND SUBI9IT, FOR <br />APPROVAL HY THE DIVISION, GEOTECHNICAL AND STABILITY <br />ANALYSES OF THE PROPOSED MOFFAT AREA SEDIMENT PONDS. <br />THESE ANALYSES SHOULD INCLUDE CONSIDERATION OF BOTH <br />BEDROCK (BEDDING PLANE AND JOINTING) AND SURFICIAL <br />(ROTATIONAL) MATERIAL FAILURE SCENARIOS, EFFECTS OF <br />GROUND WATER AND PONDED SURFACE WATER UPON POND SLOPE <br />STABILITY, THE POTENTIAL FOR CUT SLOPE FAILURES ABOVE <br />THE EXCAVATED PONDS, AND THE STABILITY OF THE FINAL <br />RECLAIMED CONFIGURATION (STATIC SLOPE SAFETY FACTORS OF <br />1.3 MUST BE ATTAINED FOR RECLAIMED CONFIGURATIONS). <br />REPRESENTATIVE "WORST CASE" ANALYSES ARE ACCEPTABLE IF <br />GEOTECHNICAL ANALYSES SHOW THAT THE POND SITUATIONS <br />PURPORTED TO BE REPRESENTED ARE ANALOGOUS. THE RESULTS <br />OF THESE ANALYSES MUST .BE APPROVED BY THE DIVISION PRIO1~ <br />TO THE COMMENCEMENT OF CONSTRUCTION OF ANY OF THE MOFFAT <br />AREA PONDS. <br />P&M has prepared and submitted to the Division for approval the <br />geotechnical and stability analyses of the proposed Moffat Area <br />sediment ponds as required by Stipulation No. la. The Division <br />has concurred with the results of these analyses. The stipulation <br />has been satisfied and the Division agrees not to include <br />Stipulation No. la in the Permit Renewal. <br />The parties have determined that a plan may be necessary <br />to monitor the stability of the sediment pond embankment in the <br />Moffat Area should steady-state water conditions require. PSM <br />agrees to model the steady-state water conditions far the sediment <br />pond embankment. If the model indicates that the phreatic water <br />table will intercept the ground surface downslope of the sediment <br />pond, PsM will place a monument at that point and monitor the <br />monument for signs of surface seepage on a monthly basis. <br />-3- <br />