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4. The Division is requesting that Bear Coal Company remove about 10 pieces of rebaz that were <br />sticking up out of the ground in an azea just west of the reclaimed exhaust fan portal site. These <br />rebaz pose a safety problem. <br />Rule 4.14.2(1)(b) requires that backfilled and graded slopes achieve a minimum factor of safety <br />of 1.3. The Division is requesting that Beaz Coal Company provide a demonstration that this <br />performance requirement has been met for the reclaimed slopes at the Bear No. 3 Mine. <br />6. During the inspection, it was noted that there was a small hole in the exhaust fan portal <br />backfilled material, on the underside of some rocks. There were no indications that the hole <br />was an animal burrow. The hole may be a sign of backfill instability and the hole may indicate <br />communication with the underlying mine entry. The Division is requesting that Bear Coal <br />Company fill in this hole so as to ensure entry closure. This area needs to be watched for any <br />further signs of instability. <br />The inspection of the two backfilled westernmost portals of the Beaz No. 3 Mine, the beltline <br />portal and the air intake portal, revealed several problems. Several cracks and holes have <br />opened up in the azea of the two backfilled portals. Steel structures aze exposed at both portal <br />locations. It appears to the Division that the reclamation backfilling of the westernmost Bear <br />No. 3 Mine portals, the beltiine portal and the air intake portal, is not stable. In addition, <br />because of the openings in the backfill, this azea poses a public safety risk. For these reasons, <br />the Division is requesting that Beaz Coal Company repair the backfill of the reclaimed beltline <br />portal and the air intake portal azea. After repairs aze completed, this azea needs to be watched <br />for any additional signs of instability. <br />8. During the inspection, a charred tree root was found neaz the backfilled westernmost Beaz No. <br />3 Mine portals. This evidence, along with the high surface temperatures found by Steve Renner <br />in his site visit on October 27, 2003 of the reclaimed portal bench azea strongly suggests that <br />there is a potential for the mine fire to start a surface fire. The Division is requesting that Bear <br />Coal Company implement surface fire prevention measures at this mine site as soon as <br />possible. <br />9. Because of the possibility that the mine fire may be having a negative effect on the backfilling <br />and grading work and on public safety, the Division needs to bring the issue of the mine fire <br />formally into the Phase One bond release process. Therefore, the Division is requesting that <br />Beaz Coal Company provide a demonstration identifying the source of the mine fire and <br />whether it is the result of the Beaz No. 3 Mine operation. <br />10. Although not directly involved with the Phase One bond release inspection, the Division is <br />requesting that Beaz Coal Company spray and/or mechanically treat the several occurrences of <br />noxious weeds (tamarisk and thistle) that were noted during the inspection. <br />In addition to the previous questions, the Division has several questions that arose from a review of the <br />permit application. These additional questions may have a bearing on the work that remains to be done <br />at this site and, therefore, may affect the amount of the bond that can be released. <br />11. On page 2.05-42a of the Beaz No. 3 permit application, Beaz Coal Company states that, after <br />topsoil is spread on the facilities azea, a soil testing program will be conducted. The results of <br />2 <br />