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_79_ <br />XVI. Backfillinq and Grading - Rules 2.05.3(6), 2.05.3(9), 2.05.4(2)(a), <br />2.05.4(2)(c), 4.09. 4.13, and 4.14 <br />The applicant has correctly observed; "In the canyon areas of the North Fork of <br />the Gunnison River, the steep topography resembles in many places what could be <br />called a 'natural highwaZl'.' The existing portals for the Bear No. I and No. 2 <br />mines both occupy "steep slope mining" situations. The proposed portals for the <br />Bear No. 3 mine are proposed to be developed within the existing portal area of <br />the abandoned Edwards Mine, which has existed in unreclaimed condition for approximately <br />50 years. This proposed portal area also occupies a "steep slope mining" situation. <br />In each of these cases the applicant proposes to seal tree portals in compliance <br />with the MSHA regulations and partially backfill and grade the portal face-up area. <br />The applicant proposes to reclaim the portal areas of the Bear No. 1 and No. 2 mines <br />as depicted in Figure 1 and 2, included on pages 18 and 19 in the supplemental <br />submittal dated February 17, 1982. In the case of the Bear No. 1 portals, the <br />entire high-wall will be covered, but the fill will be graded to a lower slope <br />angle than the original topographic surface. This configuration will allow the <br />attainment of a static slope safety factor of 1. 3, in conformance with the permanent <br />program requirements. The backfill and grading plan proposed for the Bear No. 1 <br />mine portal area is, therefore, judged by the Division to be in compliance with <br />the permanent program regulations. <br />In the case of the Bear No. 2 mine portals, the applicant proposes to partially <br />backfill the face-up cut to an elevation roughly half that of the existing high-wall. <br />In response to comments included in the Division's Preliminary Adequacy Review, the <br />applicant has completed a geotechnical investigation and stability analysis of the <br />Bear No. 2 portal area. This analysis was prepared by Rocky Mountain Geotechnical, <br />Incorporated, in accordance with the prudent state-of-the-art of slope stability <br />analysis. This analysis, contained in Volume 2 of 2 of the application revision, <br />dated May 15, 1981, presents a selection of alternatives for backfilling and grading <br />of the Bear No. 2 mine portal area. The preferred alternative, which the applicant <br />proposes to implement, relies upon the assumption of a value of the internal angle <br />of friction for the high-wall materials which exceeds the tested laboratory values <br />presented with the report. However, Rocky Mountain Geotechnical presents a plausible <br />rationale for field conditions exceeding normal laboratory-derived values, based <br />upon observed performance of the existing portal high-wall. To verify t1~e stability <br />of the proposed backfill and grading configuration, and in response to comments in <br />the Division's Preliminary Adequacy Review, the applicant has proposed to establish <br />three monitoring stations on the backfilZed material, to be monitored on a semi-annual <br />basis for a period of two years. In order to alleviate remaining inadequacies, the <br />Division finds that the following stipulations are necessary to find compliance with <br />the permanent program regulations; <br />