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-80- <br />STIPULATION NO. 8: <br />TXE DIVISION DIRECTS BEAR COAL COMPANY TO SUBMIT, FOR REVIEW AND APPROVAL <br />BY THE DIVISION, PROPOSED LOCATIONS AND CONSTRUCTION SPECIFICATIONS FOR THE <br />THREE MONITOR STATIONS TO BE INSTALLED UPON THE BACKFILLED MATERIAL AT THE BEAR <br />NO. 2 PORTAL AREA. IMMEDIATELY FOLLOWING THE COMPLETION OF BACKFILLING RIND <br />GRADING OF THE BEAR NO. 2 PORTAL AREA, THESE THREE MONITORING STATIONS SHALL <br />BE INSTALLED AS SPECIFIED AND SURVEYED. SURVEYING OF THESE STATIONS SHALL BE <br />REPEATED ON A SEMI-ANNUAL BASIS FOR A PERIOD OF TWO YEARS. RESULTS OF THE <br />SURVEYING OF THESE STATIONS SHALL BE SUBMITTED TO THE DIVISION WITHIN 30 DAYS <br />FOLLOWING COMPLETION OF TXE SEMI-ANNUAL SURVEY. IF MONITORING OF THE BACKFILLED <br />AREA DETECTS MOVEMENT, WHICH THE DIVISION DETERMINES TO REPRESENT RN INDICATION <br />OF IMMINENT HAZARD, THE BEAR COAL COMPANY SHALL EXPEDITIOUSLY DEVELOP AND <br />IMPLEMENT, FOLLOWING TXE DIVISION'S APPROVAL, R PLAN TO MITIGATE THAT HAZARD <br />AND TO STABILIZE THE BACKFILLED AREAS. <br />STIPULATION NO. 9: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO PERFORM PROCTOR TESTING TO DETERMINE <br />THE MOISTURE-DENSITY RELATIONSHIPS OF THE MATERIALS TO BE UTILIZED IN BACKFILLING <br />THE BEAR NO. 1 AND NO. 2 MINE PORTAL AREAS. IN CONFORMANCE WITH THE <br />RECOMMENDATIONS OF ROCKY MOUNTAIN GEOTECHNICAL, INC., THE MATERIALS SHALL <br />BE PLACED AND COMPACTED TO ACHIEVE 95% OF THE MAXIMUM PROCTOP, DENSITY, AS <br />DETERMINED IN ACCORDANCE WITH ASTM STANDARD TEST D-698. FURTHER, BEAR COAL <br />COMPANY SHALL SUBMIT A CERTIFIED INSPECTION REPORT TO VERIFY COMPLETION OF <br />BACKFILLING AND GRADING OF THE BEAR N0. Z RND NO. 2 MINE PORTAL AREAS IN <br />CONFORMANCE WIY'X TXE APPROVED PLAN. THIS CERTIFIED REPORT SHALL BE PREPARED <br />BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER OR PROFESSIONAL GEOLOGIST. <br />THE REPORT SHALL BE SUBMITTED TO TXE DIVISION WITHIN 60 DAYS OF TXE COMPLETION <br />OF BACKFILLING RND GRADING. <br />In the case of the Bear No. 3 mane portal facilities, Bear Coat Company proposes <br />to modify several of the existing Edwards mine portals and to add several new <br />portals. These portal facilities will occupy the site of the existing unreclaimed <br />Edwards mine portals and its existing unreclaimed portal access road. The applicant <br />has submitted a report of a geotechnical investigation and stability analysis of <br />the proposed portal access road and portal facilities, prepared by Rocky Mountain <br />Geotechnical, Inc. This report, prepared in accordance with the prudent state- <br />of-the-art of slope stability analysis, analyzes the stability of the existing <br />slope, several proposed alternative portal construction plans, and several reclaimed <br />configurations for this area. <br />The geotechnical investigation and stability analysis determined that the affected <br />bedrock slope above the proposed mine portals could be improved in terms of its slope <br />stability by the excavation of an existing thin surficial deposit of colluvial debris, <br />which would result in a rock-bolted stable sandstone face. The geotechnical investi- <br />gation and stability analysis further determined that the non-bedrock portions of the <br />portal cut slope and bench fills do not now, and will not following reclamation, attain <br />static slope safety factors in excess of 1.3, as required by Rules 4.14 and 4.27. <br />However, the static slope safety factors attained by the reclaimed configurations <br />represent decreases of less than So in comparison with the existing stability factors <br />for the same areas. Further, Bear Coal Company has agreed to installation of appropriate <br />monitoring facilities, in order to verify the stability of both the operational and <br />and reclaimed slope stability in the area of the portal access road and portal facilities. <br />