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.~ w _I7_ 5. The subsidence monitoring program presented within the application proposes to survey monitoring subsidence grid netwo[ks. These installations are acceptable as proposed. The applicant also proposes to survey the one identified dwelling within the potential area of subsidence affects. In addition, however, the applicant will be required to conduct periodic visual monitoring of features such as County Road No. 27 and the Denver, Rio Grande and Western Railroad Spur. 6. The applicant observes that severe winter weather conditions make quarterly monitoring undesirable and a proposal to monitor semi-annually Le included within the application. The justification Ls inadequate to allow approval of this variance request. In particular, the monument seta installed above the main entries in the vicinity of Foidel Creek could be locatable during winter conditions if appropriate markers were installed. Admittedly, access to the ridge top monitoring sets above the production panel selected foc monitoring might be extremely difficult during winter periods. 7. The aubeidence survey report format proposed within Exhibit 11 of the application ie 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 opecators within Colorado have proposed data collection frequencies far higher than the regulatory requirements, in order to accomplish specific observations of aubeidence response versus time, etc. XVIII. Concurrent Surface and Underground Mining and Variances from Contemporaneous Delav (2.06.7. 4.22) The applicant cor[ectly observes that a variance from contemporaneous [eclamation of the final pit at the Energy No. 1 mine was granted previously as a portion of approved Permit No. 79-177. An increase in the variance area is requested by the applicant, an order to permit development of the Foidel Creek underground mine's portals and the associated surface facilities. In addition, the appiicant intends to modify the ~xiatinq highwall and spoils elope configurations within the pit, in ordec to increase their elope stability. The applicant intends to utilize the excavated spoil and highway materials to construct a tempocary berm, upon which aucface support facilities will be constructed. Exhibit 8 of the amended permit application and Mape No. 3. No. 5 and No. 15 depict the applLcant's plan to reconf iqute the portal area. The information submitted is adequate in most respects to