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_,o_ satisfy the regulatory requirements of Rules 2.06.7 and 4.22. Stability analyses have been completed for alternative configurations of both the highwall and the exLstinq spoil slope in the vicinity of the proposed Foidel Creek mine's portals. The applicant has also submiCted a stability analysis and engines[ design for the tempo[ary stockpile 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 8 contains a statement differentiating between the current 3 to 5 year experimental nature of the mine proposed for consideration (see page 4 of Exhibit B) and the possible long term mine plan. The applicant should clearly state its intent within the application. The configuration proposed in Map No. 3, No. 4 and No. 15 represent modifications from the alternatives analyzed and recommended within the consultants report, Exhibit S. The spoil slope maximum grades are depicted as 1.5:1 (horizontal to vertical slope), which the consultant recommended only for the short term plan. If the applicant ceapplies for a long term approval in the future, this slope would require modification to conform with the recommended elope gradient of 2:1 (horizontal to vertical slope). This should be clearly understood by the applicant and will be clearly stated within the Division's findings document. 2. The applicant's consultant, CTL/Thompson, Inc., performed a stability analysis, presented in Exhibit H, which is in keeping with the prudent state-of-the-art of slope stability analysis. In completing this analysis, the consultant made several material strength assumptions regarding the existing spoils and unde[lyinq fireclay. These assumptions appear warranted, if the amended properties are verified through appropriate monitoring of the modified spoil and highwall elopes. In fact, CTL/Thompson, Inc., recommends periodic inspection and monitoring of these slopes to assure proper performance (see page 26 of Exhibit 8). The applicant should pcepate a monitoring program for the modified spoil and highwall slopes. Appropriate survey monumentation should be installed following construction, and monitored in con5unction with periodic inspections performed on a mutually acceptable frequency. This le particularly important in light of the short term slope configuration being proposed within the permit application for the current permit period and mine plan. 3. As stated in comment 8 in the Ponds Section of this letter, the applicant's consultant states, within Exhibit 8.