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a. The materials to be disposed of ore relatively homogeneous; <br />i.e., cases where the overburden removed from one level is <br />not materially different from that removed from any other level, <br />and <br />b. A foundation sufficiently competent to eliminate the possibility <br />of future subsidence is available or can be attained by reasonable <br />measures, and <br />c. There is a likelihood that disposal of spoil in the valley or head-of- <br />hollow fills could in effect create a dam which might at times <br />function as a water impoundment, or <br />d. Precipitation is very high and the fill could possibly become <br />saturated. <br />In brief, apart from their generality (which no doubt was purposeful), the <br />Regulations imply construction of embankments to a standard that would normally be <br />followed in constructing a conventional dam or other structure intended to impound <br />water and to be safe under such conditions, For such situations, the Regulations are <br />appropriate. <br />In the case of the spoil fill in Streeter Canyon, however, none of the con- <br />ditions cited previously obtain. Firstly, the Streeter Gulch fill cannot create a water <br />impoundment. Secondly, and perhaps of greatest importance is the fact that the <br />materials to be disposed of will vary over a wide range from time to time and from <br />place to place which would make it almost impossible to avoid producing a "layered" <br />fill composed of materials having wide{y different characteristics if compacted in lifts <br />of limited depth. At one point in time, the material coming out of the pit might be <br />composed of relatively hard durable sandstone or shale, and at another time materials <br />that might be geologically similar would under compaction break down into afine- <br />grained granular mass calling for different modes of compaction. Unlike the conven- <br />tional water-retaining dam where different kinds of materials are selected in the quantities <br />9 <br />