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<br />(b) identify all sources of ground water, including <br />anticipated drainage from the backfilled mining pits, <br />which may potentially impact the excess spoil disposal <br />facility; <br />(c) provide a detailed plan addressing the placement of <br />permanent excess spoil in a manner which will achieve a <br />long-term static safety factor of 1.5; <br />(d) provide plans for the construction of at least three (3) <br />underdrains at the excess spoil facility; and <br />(e) using the materials submitted in subparagraphs (a) <br />through (d) above, provide a geotechnical stability <br />analysis of the excess spoil disposal facility. Such <br />analysis must demonstrate that a long-term static safety <br />factor of 1.5 will be achieved. <br />As P&M has committed to satisfying the above five (5) <br />items, the Division agrees not to include Stipulation No. 2 in the <br />Permit Renewal. <br />6. Stipulation No. 3 of the Proposed Decision stated: <br />PRIOR TO MINING IN THE MOFFAT AREA, THE APPLICANT SHALL <br />DEMONSTRATE, BASED UPON ON-THE-GROUND PERFORMANCE, THAT <br />THE CONVEX LOWER SLOPES DO NOT CAUSE EXCESSIVE RILLING <br />AND GULLYING UR THAT RILLING AND GULLYING ON THESE <br />SLOPES CAN BE CONTROLLED. IF THE APPLICANT'S EFFORTS TO <br />CONTROL RILLING AND GULLYING IN THE AREAS RECLAIMED <br />PROVE UNSUCCESSFUL, THE APPLICANT WILL REDESIGN THE <br />POST-MINING TOPOGRAPHY TO ELIMINATE THE CONVEXITY FROM <br />THE LO[9ER PORTIONS OF THE SLOPE. <br />-7- <br />