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Ms. Welt Page 5, applicant submits a permit application to undermine the Dry Fork of Minnesota Creek, the subsidence protection plan shall be based upon monitoring information collected during the earlier phases of mining." Matthew Hayes, previously with MLRD, recommended that this stipulation be terminated because it had been incorporated into the permit on page 3-79. However, this stipulation has been omitted from the new permit document. MCC should incorporate this stipulation into the new permit which would allow the Division to terminate it, or the status will remain as future. 3. Stipulation 5 from the 1986 Permit Renewal requires MCC to seed topsoil stockpiles that will not be disturbed for five or more years with the permanent seed mix (excluding shrubs) and not the temporary seed mix. Mr. Hayes suggested that this stipulation could be terminated if MCC chooses to change the tense of a sentence on page 2.05-39, so that the sentence reads as a commitment rather than a statement of fact. The sentence presently reads, "Topsoil stockpiles in place for five years or more have been seeded with the permanent seed mix described in Table 48..." MCC should revise this sentence so that is states, "Topsoil stockpiles that will not be redistributed for five or more years will be seeded with the permanent seed mix (see Table 48), excluding shrubs, and not the temporary seed mix." Once this /change is made the Division will terminate this stipulation. ,/ 4: Stipulation 33 from the original application required MCC to ~omplete Phase II of geotechnical and hydrologic studies of the ~c(. 5 initial waste pile. Has this been completed? The Division ~ 7~ requests MCC's assistance in locating this information if the Z~' s ud~ies have been omp eted.,r2p ~(~G2~- Z %09 ~%~ ~ ~Ud,3 to Pi ~Z - l'IG ~~~c vL~ Strop bvvrc~ -~l} ~,~ste ~,~5 rP`d~r~ve~ b~-fore ~aKS~ruc-~rooi o~~~' ~ l°fr ~/ ~ ~~ C5. Stipulation 34 from the original permit application requires ~o? d ~{~ ~ICG„to complete a preliminary stability evaluation for the upper ~~~yy,,~~~~~ e rock pile, to complete a thorough geotechnical analysis and ~~1{M~~~p~~~detailed engineering design and plans for the pile and the access ~ ~d 1 road to the pile, and to supply the Division with copies of the,~'~(~~iwlt 11 report and detailed design narrative, plans, and cross-sections in s`~.rl ~~ ~/'~t~e permit application. The stipulation also states that no Ww.l,~~~lllI ~'XL "COnStrllctlon shall commence on the pile or road until approval by t1F'~ ~~ ~,S the Division, of the required geotechnical analyses and detailed~~~~~ engineering designs. Has all this been approved? Has the ~I S~1 ~df~ preliminary stability evaluation been completed? When? (I believ ~t ISr~ andtllofromfthe119861PermitoRenewabeenleaseaverifY stiTheaDivision P~ ~r ~5 d~ d~ P Y • ) ~~~ )~ /~•~~ requests MCC's assistance is reconciling this stipulation. ~( Vy, ~ 6 The Division re ' u quests MCC s assistance regarding Stipulation 12 ~r Stipulation 13 from Permit Revision 4 or Stipulation 41 from ti~o~^ the original permit document), which requires complete installation l~. i~~' ~ly of a subsidence monitoring network prior to extraction of coal within ~~`~ ~~ J ~UI~Si ~ti(C.e Guv~~~~p~~l:in„ Re~c~r~, ,Su ~~~ti~, rvtS~LI ~~ ~a II f K ~'~ _ '"7 G ~ rc~1 ~cd (~Cd~L-~v4'~ a~ sub W1d~.~~ P~- ~~{ - ~d ~~ ~L o ~ ~~~-s -F~ ~- Vv(j vt r ~ 1.