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,~_ :~: • <br />Tom Gillis -2- December 28, 1981 <br />In my_opinion, Exhibit 3.2.9.B satisfies that portion of Stipulation No. 14 <br />which requires a preliminary analysis of the stability of the upper wastepile. <br />The remaining requirements for site-specific, detailed geotechnical analyses <br />and_detailed engineering plans are not satisfied. However, Stipulation No. 14 <br />only requires that these additional requirements be satisfied prior to construc- <br />tion of the pile or the access road to the upper bench. St is important for <br />purposes of future detailed stability analyses that the operator expeditiously <br />insta_I1 an appropriate surface monitoring system, as recorn~n .e y e_o- y~ro <br />Consulting, Inc., prior to the driving of the entries beneath the pile. "' <br />Because the operator is currently installing the mine entries and will commence <br />the development of sub-mains shortly thereafter, our acceptance of Ex-hibit <br />3.2.9.8_should be_,_conditioned upon the operato_r's submission of, our approval <br />.. ... ... <br />of, and the operator's installation of such a surface mon ti oring sy5-tefi:"-`~ <br />On October 27, 1981, the operator amended the permit application to indicate <br />that the Upper Waste Pile would not be constructed during the initial and <br />current five year permit period. <br />/mt <br />cc: Ed Bischoff <br />Dave Shelton <br />