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Stipulation No. 9: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO PERFORM PROCTOR TESTING TO <br />DETERMIIJE THE MOISTURE-DENSITY RELATIONSHIPS OF THE MATERIALS TO BE <br />UTILIZED IN BACKFILLING THE BEAR N0. 1 AND N0. 2 MINE PORTAL AREAS. <br />IN CONFORMANCE WITH THE RECOMMENDATIONS OF ROCKY MOUNTAIN <br />GEOTECHNICAL, INC., THE MATERIALS SHALL BE PLACED AND COMPACTED TO <br />ACHIEVE 95~ OF 7HE MAXIMUM PROCTOR DENSITY, AS DETERMINED IN <br />ACCORDANCE WITH ASTM STANDARD TEST D-698. FURTHER, BEAR COAL COMPANY <br />SHALL SUBMIT A CERTIFIED INSPECTION REPORT TO VERIFY COMPLETION OF <br />BACKFILLING AND GRADING OF THE BEAR N0, 1 AND N0. 2 MINE PORTAL AREAS <br />IN CONFORMANCE WITH THE APPROVED PLAN. THIS CERTIFIED REPORT SHALL BE <br />PREPARED 8Y A QUALIFIED REGISTERED PROFESSIONAL ENGINEER OR <br />PROFESSIONAL GEOLOGIST. THE REPORT SHALL BE SUBMITTED TO THE DIVISION <br />WITHIN 60 DAYS OF THE COMPLETION OF BACKFILLING AND GRADING. <br />Status: Terminated. <br />Stipulation No. 10: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO SUBMIT A DETAILED <br />ENGINEERING PLAN FOR THE PORTAL ACCESS ROAD AND PORTAL FACILITIES AT <br />THE BEAR N0. 3 MINE, FUR REVIEW AND APPROVAL BY THE DIVISION, NO LATER <br />THAN 30 DAYS FOLLOWING APPROVAL OF THE PERMANENT PROGRAM PERMIT. THIS <br />DETAILED ENGINEERING PLAN SHALL INCLUDE ROAD AND PORTAL <br />CROSS-SECTIONS, ROAD AND PORTAL PLAN AND GRADE DESIGN DRAWINGS, AND <br />DETAILED ENGINEERING DESIGN DRAWINGS FOR ALL RETAINING STRUCTURES AND <br />DRAINAGE FACILITIES. NO ADDITIONAL DISTURBANCE SHALL OCCUR IN THE <br />AREA OF THE PORTAL ACCESS ROAD OR PORTAL FACILITIES UNTIL THESE <br />DETAILED ENGINEERING PLANS HAVE BEEN REVIEWED AND APPROVED BY THE <br />DIVISION. <br />Status: Terminated. <br />Stipulation No. 11: <br />THE DIVISION DIRECTS BEAR COAL COMPANY TO SUBMIT THE LOCATIONS AND <br />CONSTRUCTION SPECIFICATIONS FOR MONITORING FACILITIES, DESIGNED TO <br />MONITOR THE STABILITY OF THE PORTAL ACCESS ROAD AND PORTAL FACILITIES <br />AT THE BEAR N0. 3 tAINE. THESE MONITORING FACILITIES SHALL CONSIST OF <br />APPROPRIATELY LOCATED TILT METERING AND LOCATION MONITORING <br />FACILITIES. THESE FACILITIES SHALL BE DESIGNED TO MONITOR BOTH THE <br />OPERATIONAL AND RECLAIMED CONFIGURATIONS OF THE PORTAL ACCESS ROAD AND <br />PORTAL FACILITIES. INSTALLATION OF THESE MONITORING FACILITIES SHALL <br />OCCUR AS IMMEDIATELY FULLOWING CONSTRUCTION IN THE PORTAL ACCESS ROAD <br />AND PORTAL FACILITY AREAS AS IS FEASIBLE. MONITORING SHALL COMMENCE <br />IMMEDIATELY FOLLOWING INSTALLATION AND CONTINUE ON A SEMI-ANNUAL BASIS <br />UNTIL TWO YEARS FOLLOWING COMPLETION OF THE RECLAMATION OF THE PORTAL <br />ACCESS ROAD AND FACILITY AREA. RESULTS C~< THE SEMI-ANNUAL MONITORING <br />SHALL BE SUBMITTED TO THE DIVISION WITHIN 30 DAYS FOLLOWING COMPLETION <br />OF THAT SEMI-ANNUAL MONITORING. IF THE MONITORING OF THESE FACILITIES <br />DETECTS ANY IMMINENT HAZARD, IN THE OPINION OF THE DIVISION, BEAR COAL <br />COMPANY SHALL EXPEDITIOUSLY DEVELOP AND IMPLEMENT, FOLLOWING DIVISION <br />APPROVAL, A PLAN TO MITIGATE THAT HAZARD AND TO STABILIZE THE AFFECTED <br />SLOPE. <br />Status: Terminated. <br />-19- <br /> <br />