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J. J. Dudash - 2 - March 24, 2005 <br />5. The DMG is requesting that Bear demonstrate the backfilled and graded slopes <br />achieve a minimum factor of safety of 1.3. This issue is addressed in the permit <br />at page 2.05-35a. An excerpt from this page follows: <br />The portal face-up above the entries has been in place <br />since 1934. A stability analysis of the portal area and <br />access road was performed by Rocky Mountain <br />Geotechnical during 1982 (See exhibit 21). The report <br />indicates that with the exception of the slope above the <br />main portal area, the access road both above and below <br />has an existing condition of marginal stability (indicated <br />factors of safety between approximately 1.1 and 1.3). The <br />report further notes that the stability conditions in the post <br />reclamation condition will be in the order or 5% less <br />because of the surcharge effect of placing fill on the bench <br />and access road. However, the overall nature of the <br />stability condition at the mine would remain essentially <br />unaltered and marginal in nature. <br />The DMG's Proposed Decision and Findings of Compliance for <br />Permit Renewal No. 4 discusses the stability of the portal cut <br />slope and bench fills. Page 24 of the findings document approves <br />Bear's backfill and grading plan that has a static factor of safety <br />less than 1.3. <br />The small hole near the exhaust fan portal will be filled in as soon as weather <br />permits. <br />The DMG notes that several holes have opened in the area of the two backfilled <br />portals and steel structures are exposed at both portal locations. The DMG <br />requested that Bear repair the backfill of the reclaimed beltline portal and the air <br />intake portal. In order to repair the backfill, the old road to the portal would have <br />to be reopened. However, Bear does not believe it should be held responsible <br />fora "global" slope failure that affected its reclamation. The DMG has numerous <br />studies regarding the slide in the area of the Bear No. 3 Mine. One of the reports <br />is an Evaluation of the Bear No. 3 Mine Landslide (January 1998) prepared by <br />Wright Water Engineers, Inc., for Mountain Coal Company. I believe you will find <br />the DMG has accepted the findings of this report. The report clearly <br />demonstrates two important facts regarding the slide that relate to Bear's <br />responsibility for the holes that have opened in the area of the two backfilled <br />portals. The first fact is the slide originated hundreds of feet above Bear's <br />reclamation activities. The second fact is that Bear's reclamation activities did <br />not trigger the slide. Additionally, the DMG's inspection report dated 8/28/98 <br />states in part: "It appears the slide is a natural event typical of the dip-slope on <br />the south side of the valley and is probably not the direct result of any recent <br />activity. <br />8. The DMG has asked Bear to implement surface fire prevention measures as <br />soon as possible because of high surface temperatures. Bear presented its <br />