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-81- <br />In light of the fact that the slope is currently disturbed by the unreclaimed portals <br />of the abandoned Edwards mine, and the fact that the proposed preliminary plans will <br />mitigate existing hazardous areas above these portals, the Division considers the <br />proposed plan to be in conformance with the permanent program regulations with the <br />imposition of the following stipulations; <br />STIPULATION NO. Z0: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO SUBMIT A DETAILED ENGINEERING <br />PLAN FOR THE PORTAL ACCESS ROAD AND PORTAL FACILITIES AT THE BEAR NO. <br />3 MINE, FOR REVIEW AND APPROVAL BY THE DIVISION, NO LATER THAN 30 DAYS <br />FOLLOWING APPROVAL OF THE PERMANENT PROGRAM PERMIT. THIS DETAILED <br />ENGINEERING PLAN SHALL INCLUDE ROAD AND PORTAL CROSS-SECTIONS, ROAD RND <br />PORTAL PLAN AND GRADE DESIGN DRAWINGS, AND DETAILED ENGINEERING <br />DESIGN DRAWINGS FOR ALL RETAINING STRUCTURES AND DRAINAGE FACILITIES. <br />NO ADDITIONAL DISTURBANCE SHALL OCCUR IN THE AREA OF THE PORTAL ACCESS <br />ROAD OR PORTAL FACILITIES UNTIL THESE DETAILED ENGINEERING PLANS HAVE <br />BEEN REVIEWED AND APPROVED BY THE DIVISION. <br />STIPULATION NO. 17: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO SUBMIT THE LOCATIONS AND CONSTRUCTION <br />SPECIFICATIONS FOR MONITORING FACILITIES, DESIGNED TO MONITOR THE STABILITY OF <br />THE PORTAL ACCESS ROAD RND PORTAL FACILITIES AT THE BEAR NO. 3 MINE. THESE <br />MONITORING FACILITIES SHALL CONSIST OF APPROPRIATELY LOCATED TILT METERING AND <br />LOCATION MONITORING FACILITIES. THESE FACILITIES SHALL BE DESIGNED TO MONITOR <br />BOTH THE OPERATIONAL AND RECLAIMED CONFIGURATIONS OF THE PORTAL ACCESS ROAD AND <br />PORTAL FACILITIES. INSTALLATION OF THESE MONITORING FACILITIES SHALL OCCUR AS <br />IMMEDIATELY FOLLOWING CONSTRUCTION IN THE PORTAL ACCESS ROAD AND PORTAL FACILITY <br />AREAS AS IS FEASIBLE. MONITORING SHALL COMMENCE IMMEDIATELY FOLLOWING INSTALLATION <br />AND CONTINUE ON A SEMI-ANNUAL BASIS UNTIL TWO YEARS FOLLOWING COMPLETION OF THE <br />RECLAMATION OF THE PORTAL ACCESS ROAD AND PORTAL FACILITY AREA. RESULTS OF THE <br />SEMI-ANNUAL MONITORING SHALL BE SUBMITTED TO THE DIVISION WITHIN 30 DRYS <br />FOLLOWING COMPLETION OF THAT SEMI-ANNUAL MONITORING. IF THE MONITORING OF THESE <br />FACILITIES DETECTS ANY IMMINENT HAZARD, IN THE OPINION OF THE DIVISION, BEAR <br />COAL COMPANY SHALL EXPEDITIOUSLY DEVELOP AND IMPLEMENT, FOLLOWING DIVISION <br />APPROVAL, A PLAN TO MITIGATE THAT HAZARD RND TO STABILIZE THE AFFECTED SLOPE. <br />Bear Coal Company anticipates that the production of underground development waste <br />at the Bear No. 3 mine will be limited to small quantities. The company bases its <br />anticipation of small quantity dpon experience in the same seam within the adjoining <br />Bear No. 1 and No. 2 mines. The company has stated its intent to dispose of initial <br />underground development waste, if it is produced, within the existing abandoned workings <br />of the Edwards mine. In the event that underground development waste were to be <br />developed in quantities which could not be accommodated within the abandoned Edwards <br />mine workings, the company would be required to develop an appropriate waste disposal <br />plan in accordance with the performance standards of the permanent program regulations. <br />Therefore, the Division finds this proposal to be in compliance with the requirements <br />of the permanent program regulations. <br />