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• _3_ • (6~ The applicant observes that severe winter weather conditions make quarterly monitoring undiserable and a proposal to monitor semi-annually is included within the application. The justification is inadequate to allow approval of this variance request. In particular, the monument sets installed above the main entries in the vncinity of Foidel Creek could be locatible during winter conditions if appropriate markers were installed. Admittedly, access to the ridge top monitoring sets above the production panel selected for monitoring might be extremely difficult during winter periods. ~7~ The subsidence survey report format proposed within Exhibit 11 of the application is acceptable. However, the applicant proposes a report submittal frequency of once per year, rather than the regulatory requirement of semi_annual submissions. This report must be submitted semi-annually. In fact, several operators within Colorado have proposed data collection frequencies far higher than the regulatory requirements, in order to accomplish specific observations of subsidence response versus time, etc. les 2.06.7 and 4.22: Concurrent Surface and Underground Mining and riances from Contemporaneous Reclamation Reouirements The applicant correctly observes that a variance from contemporaneous reclamation of the final pit at the Energy No. 1 mine was granted previously, as a portion of approved permit number 79-177. An increase in the variance area is requested by the applicant, in order to permit development of the Foidel Creek underground mine's portals and the associated surface facilities. In addition, the applicant intends to modify the existing highwall and spoils slope configurations within the pit, in order to increase their slope stability. The applicant intends to utilize the excavated spoil and highwa~ materials to constructTOn ~. a temporary berm, upon which surface support facilities will be constructed. Exhibit 8 of the amended permit application and Maps No. 3, No. 5 and No. 15 depict the applicant':s plan to reconfigure the portal area. The information submitted is adequate in most respects to satisfy the regulatory requirements of Rules 2.06.7 and 4.22. Stability analyses have been completed for alternative conf"igura ibns of both the highwall and the:existi.ng spoil slope i.n the vicinity of the proposed Foidel Creek mine's portals. The applicant has also submitted a stability analysis and engineer design for the temporary stockpile cross/surface facility berm area. In order to bring this portion of the application into complete compliance with the existing regulations, the applicant should resolve the following issues: (1) Exhibit II contains a statement differentiating between the current 3 to 5 year experimental nature of the mine proposed for consideration (see page 4 of Exhibit 8) and the possible long term mine plan. The applicant should clearly state its intent within the application. The configuration proposed in P4aps No. 3, No. 4 and No. 15 represent