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<br /> <br />-3- <br />monitoring sets above the production panels selected for monitoring might be <br />extremely difficult during winter periods. <br />The subsidence survey report format proposed within Exhibit 11 of the application <br />is acceptable. However, the applicant proposes a report submittal frequency of <br />once per year, rather than the regulatory requirement of semi-annual submissions. <br />This report must be submitted semi-annually. In fact, several operators have <br />proposed data collection frequencies far higher than the regulatory requirements, <br />in order to accomplish specific observations of subsidence response versus time, <br />etc. <br />from Con temooraneous Reclamation Reoui remen is <br />The applicant correctly observes that a variance from contemporaneous reclamation <br />of the final pit at the Energy No. 1 mine was granted previously, as a portion <br />of Permit No. 79-177. An increase in the variance area is requested by the <br />applicant, in order to permit development of the Foidel Creek underground mine's <br />portals and the associated surface facilities. In addition, the applicant intends <br />to rfpdify the existing highwall and spoils configurations within the pit, in <br />order to increase their slope stability. indication of this intent was conveyed <br />to the staff of the Division during previous meetings with company personnel. <br />In order to justify the increase in variance area, the applicant should submit <br />appropriate stability analyses and design engineering information, to demonstrate <br />conformance with the requirements of Rule 4.22.3(1)(d) and (e). The applicant has <br />previously indicated to the Division that such design information and engineering <br />analyses were being completed. <br />Further, in response to the requirements of Rule 2.06.7(3)(9) and Rule 4.22.3(1)(9), <br />the applicant must submit a sufficient stability analysis and geotechnical <br />investigation to allow the Division to judge the conformance of the proposed <br />`"'~~ I million cubic yard spoil storage pile with the performance standards and design <br />y~6,~,+- requirements of Rule 4.09. <br />