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Ms. Welt <br />Page 5 <br />applicant submits a permit application to undermine the Dry Fork of <br />Minnesota Creek, the subsidence protection plan shall be based upon <br />monitoring information collected during the earlier phases of <br />mining." Matthew Hayes, previously with MLRD, recommended that <br />this stipulation be terminated because it had been incorporated <br />into the permit on page 3-79. However, this stipulation has been <br />omitted from the new permit document. MCC should incorporate this <br />stipulation into the new permit which would allow the Division to <br />terminate it, or the status will remain as future. <br />3. Stipulation 5 from the 1986 Permit Renewal requires MCC to seed <br />topsoil stockpiles that will not be disturbed for five or more <br />years with the permanent seed mix (excluding shrubs) and not the <br />temporary seed mix. Mr. Hayes suggested that this stipulation <br />could be terminated if MCC chooses to change the tense of a <br />sentence on page 2.05-39, so that the sentence reads as a <br />commitment rather than a statement of fact. The sentence presently <br />reads, "Topsoil stockpiles in place for five years or more have <br />been seeded with the permanent seed mix described in Table 48..." <br />MCC should revise this sentence so that is states, "Topsoil <br />stockpiles that will not be redistributed for five or more years <br />will be seeded with the permanent seed mix (see Table 48), <br />excluding shrubs, and not the temporary seed mix." Once this <br />change is made the Division will terminate this stipulation. <br />4. Stipulation 33 from the original application required MCC to <br />complete Phase II of geotechnical and hydrologic studies of the <br />initial waste pile. Has this been completed? The Division <br />requests MCC's assistance in locating this information if the <br />studies have been completed. <br />5. Stipulation 34 from the original permit application requires <br />MCC to complete a preliminary stability evaluation for the upper <br />waste rock pile, to complete a thorough geotechnical analysis and <br />detailed engineering design and plans for the pile and the access <br />road to the pile, and to supply the Division with copies of the <br />report and detailed design narrative, plans, and cross-sections in <br />the permit application. The stipulation also states that no <br />construction shall commence on the pile or road until approval by <br />the Division, of the required geotechnical analyses and detailed <br />engineering designs. Has all this been approved? Has the <br />preliminary stability evaluation been completed? When? (I believe <br />that some of this stipulation has been replaced by stipulations 10 <br />and it from the 1986 Permit Renewal, please verify.) The Division <br />requests MCC's assistance is reconciling this stipulation. <br />6. The Division requests MCC's assistance regarding Stipulation 12 <br />(or Stipulation 13 from Permit Revision 4 or Stipulation 41 from <br />the original permit document), which requires complete installation <br />of a subsidence monitoring network prior to extraction of coal within <br />