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J. J. Dudash - 3 - February 27, 2004 Rule 4.20.3 requires that mitigation actions be taken to protect the surface owner from any reduction in the value or use of the surface lands. The Division requests that BRL submit a repair plan to the Division concerning this recent rockfall. The repair plan should include a schedule of proposed actions and a tentative time schedule. If blasting is to occur, please review the blasting regulations concerning possible notification and record keeping requirements. BRL -Based on verbal discussions with USDA-FS personnel, the repair plan is to remove the rocks from the Hubbard Creek trail and place them along a wide section of the trail located below but near the slide debris. No blasting is anticipated. The repair work is scheduled during April or May 2004 depending on the condition of the Hubbard Creek Road and trail. 10. The recent rockfall is evidence that rockfalls can be expected from outcrops in steep terrain as a result of subsidence. Therefore, certain requirements of Rule 2.05.6 apply. A. Under Rule 2.05.6(6)((e)(i)(F)(IV), the areas subject to rockfall runout should be identified on an appropriate map and described in the permit application text, such runouts being a related phenomena. B. Under Rule 2.05.6(6)(f)(iii)(C)(V), please propose a plan to establish subsidence monitoring stations, to determine when the potential for such rockfalls might diminish, such as a finding that subsidence has occurred and has arrested in such areas. C. Please propose a plan, worked out in agreement with the surface owner, to address public safety in these rock fall prone areas. Once these surface areas come within the angle of draw of underground extraction, and until subsidence has been effected, the public safety plan, which might include appropriate warning signs or closing off such areas to surface access, would be implemented. BRL A. The areas subject to rockfall runout are shown on Map 27 and described in Section 2.05.6(6). B. Subsidence monitoring stations are not proposed to determine when the potential for rockfalls might diminish. The Operator will assume rockfall hazard continues for two years after an outcrop is affected by mining. C. The rockfall hazard associated with Panel WD1 is isolated to the area above the utility bench. The rockfall hazard associated with Panel WD2 extends to the area above the shop and office and also has the potential to cause rockfall and rock roll out to the west as shown on Map 27. The area where the rock roll out is projected to the west is devoid of any structures or renewable resources. Therefore, no landowner agreement is considered necessary. The Operator will post a warning sign along the jeep trail located in the north half of section 16 to warn the public of the rockfall hazard. See Subsidence Handbook page 44. In discussing this issue with the landowner, the jeep trail is currently impassable where the probable maximum rollout line crosses the jeep trail.