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ORIGINAL TR-06 QUESTIONS Rule 2.07.6(2)(d)(iv)(D) requires that the applicant secures all of the necessary approvals for any affected area [hat is proposed to lie within /00 feet of the orrtside right- of-way oja public rood Because a portion of the proposed coal stockpile and truck loadout are within 100 feet of Old Highway 133, BRL will need to s:tbmit to the Division written approval from the Colorado Department of Transportation for the location of these facilities within the right-of--way. The Division has no further concerns. In its submittal dated May 12, 1999, BRL provided a letter from the Colorado Department of Transportation (CDOT), dated January 12, 1999, that states that CDOT will permit the proposed mining activities to be located within 100 feet of Old Highway 133. Also, in its August 30, 1999 submittal, BRL has included two State Highway access permits from CDOT for the proposed facilities. Geotechnical 2. BRL proposes [o construct a conveyor transfer station immediately uphill from the existing haul road at an elevation ojapproxitnately 6730 feet. In order to accommodate the stanchion for the transfer structure, BRL proposes to excavate a bench into the slope immediately up slope from the haul road. This will create a steepened pocket-shaped 30' to 40' high cut slope. BRL sho:dd provide a complete stability analysis report for this cut slope to demonstrate that it will be stable during operation and following reclamation. BRL responded to this question by submitting a geotechnical stability report by Terracon, dated June 1999. The Division has reviewed this report and found that the designs demonstrate that the transfer structure excavation will be stable during the operation of the mine and afrer reclamation. However, the Division requests that a condition be added to PR-03, either as additional revised text to PR-03 or as a stipulation attached to the approval of PR-03. This condition is based on Terracon's recommendation that "engineering evaluation of actual conditions encountered in each excavation" be completed to verify that the conditions encountered correspond favorably with the assumptions made in the analyses. The condition would read as follows: . "Engineering evaluations of actual conditions are to be conducted to verify the assumptions used in the geotechnical designs for the proposed excavation work at the transfer structure, the coal stockpile pad cut and frlJ and the relocation site of pond B. These evaluations must be conducted by a qualified geotechnical professional. Each evaluation is to be performed contemporaneously with the excavation of each site. Verbal verifrcation to the Division ojthe results of each evaluation are to occur immediately following each excavation. Appropriate documentation of each of the evaluations is to be submitted to the Division in letter form