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s" • Ms. Paige Devillr. -2- December I0, 1981 3. Stipulation No. 13 (OSM stipulation No. 30) concerns the completion and submittal of Phase II geotechnical and hydrologic studies, detailed design narrative, and plans and cross-sections for the initial waste rock pile. The labeling of the Phase I report by Geo-Hydro Consulting, Inc. as Exhibit 3.2.9.A, and the submission of the Phase II report by Geo-Hydro Consulting, Inc., referred to as Exhibit 3.2.9.A.1, satisfy a portion of the requirements of Stipulation No. I3. The Phase II report completes alI of the tasks proposed within Letter Exhibit 3.2.9.A, with the exception of "sampling and testing of waste pile material" (see page 3-93g of the application). As the Phase II report observes; "This proved impossible because no waste pile material is available at this time." (Page 2 of the Phase II report by Geo-Hydro Consulting, Inc.) The Phase II report, Exhibit 3.2.9.A.1, entitled "Phase II Report Design Reconm+endations, Initial Waste Rock Pile, Mt. Gunnison Coal Mine, Somerset, Colorado for ARCO Coal Company", has been completed in accordance with the prudent state-of- the-art of geotechnical analysis. The Division recommends that ARCO Coal Company be allowed to place a limited amount of waste material within the initial waste pile, subject to the following conditions: (1) ARCO complete the testing of mechanical and chemical proper- ties of the waste material as soon as possible upon production of representative waste material; (2) ARCO revise the detailed engineering design of the initial waste pile to reflect any variation from the preliminary design assumptions concerning waste material shear strength; and (3) Waste material placement by ARCO shall not exceed 50,000 cubic yards, prior to the receipt of written approval by the Division. 4. Stipulation No. 19 (OSM No. 32) concerns the completion and submittal of a~preliminary stability evaluation, geotechnical analysis, and detailed engineering design and plans for the upper waste rock pile. ARCO's October 27, 1981 response included an exhibit 3.2.9.B entitled "Report, Preliminary Stability Evaluation Upper Waste Rock Pile" and revised page 3-43a explaining that the upper waste rock pile will not be required during the first 5-year permit term. This being the case, the requirements of Stipulation No. 14 are not applicable to this first permit term, and ARCO Coal Company will not be required to comply with the terms and conditions of Stipulation No. 14 during the initial 5-year permit. However, when ARCO Coal submits an application for a subsequent permit term during which time the upper waste rock pile will be utilized, all requirements of Stipulation No. 19 must be fully satisfied and the pile approved prior to placing any material in the pile. 5. Stipulation No. 19 (OSM No. 93) states that "ARCO Coal must submit to the Division information in sufficient detail which demonstrates that the proposed operation is not: 1. on lands within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park; 2. within 200 feet measured horizontally of a cemetery; 3. on any Federal Iands within the boundaries of a national forest;