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<br /> <br />Section III - Status of Stipulations <br />(continued) <br />Stipulation No. 13 <br />Colorado Westmoreland, Inc. is directed to complete Phase II of the <br />geotechnical and stability analyses of its surface facilities area at the <br />Orchard Valley Mine, as outlined in the various letters of proposal from <br />Merrick & Company and Geohydro Consultants included in Volume 10 of the <br />amended application. Phase II represents a more detailed investigation <br />into potentially critical areas of the site delineated during Phase I of <br />the analysis, the report of which is contained in Volume 10 of the <br />application. The scope of Phase II of the analyses shall include test <br />drilling and excavation of test pits, the installation of appropriate <br />monitoring wells, the performance of various soils and chemical tests, and <br />the performance of a series of stability analyses dealing with the <br />existing facility configurations, proposed reclaimed configurations and <br />with the proposed coal processing waste disposal pile. This analysis <br />shall be completed and a report summarizing the results and methodology <br />thereof submitted to the Division for review by December 31, 1981. <br />Resolved: This stability analysis was submitted on April 16, 1982 and <br />approved by the Division on May 17, 1982. <br />Stipulation No. 14 <br />The applicant must provide to the Division, as part of Phase II of the <br />stability analysis study being conducted under the direction of <br />Merrick & Company, a demonstration that the existing haul and access road <br />embankments have achieved a minimum safety factor of 1.25, and that the <br />existing haul and access road cuts have achieved a minimum safety factor <br />of 1.50 or that a lesser safety factor will not result in significant <br />environmental harm or harm to the public health and safety. This <br />demonstration shall be completed and a report summarizing the results and <br />methodology thereof submitted to the Division for review by December 31, <br />1981. <br />Resolved: The haul road and access road stability analysis was received <br />on February 16, 1982, approved in March of 1982, and can be found in <br />Volume 6 of the permit application. <br />Stipulation No. 15 <br />Within six months after permit issuance, Colorado Westmoreland, Inc., in <br />consultation with MLRD, shall develop mutually acceptable success criteria <br />for species diversity on reclaimed areas. <br />Resolved: The species diversity success criteria information was <br />submitted and approved in the fall of 1982 and received Division approval <br />on March 8, 1983. This submittal may be found in the Vegetation Appendix <br />of Volume 9A. <br />-9- <br />