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r'~ <br />Tom Gillis -2- December 28, Z98I <br />In my__opinion, Exhibit 3.2.9.8 satisfies that portion of Stipulation No. I4 <br />which_requires.a preliminary analysis~of the stability of the upper waste pile. <br />The_remaining.requirements for site-specific, detailed geotechnical'-analyses <br />- ___ __ <br />a_nd_d_etaile_d 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. It is important for <br />purposes of future detailed stability analyses that the operator expeditiously <br />install an appropriate surface monitoring system, as_reco_ e c~ eo- y~o <br />Consulting, Inc., prior~~to the driving of tl~e 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 Exhibit <br />3.2.9.B should be co_n_dition_ed upon the operator's submission of, our approval <br />-~ <br />of, an the operator's installation of such a surface monitoring sySP"e'fi`-- <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 />