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-4- Stipulation No. 14 THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT THE UPPER WASTE SITE, TO INSTALL SEVERAL ELECTRONIC TILT METER TUBES DOWNSLOPE FROM THE TOE OF THE PROPOSED WASTE STRUCTURE. WITHIN 30 DAYS FOLLOWING APPROVAL OF PERMIT REVISION APPLICATION, WEST ELK COAL COMPANY SHALL SUBMIT TO THE DIVISION A PLAN FOR THE INSTALLATION OF THE TIL7 METER FACILITIES. THESE TILT METER INSTALLATIONS SHALL OCCUR IN THE VICINITY OF MONUMENTS S1 AND S2, AS INDICATED ON DRAWING N0. MG-R C-001, INCLUDED IN THE PERMIT REVISION APPLICATION. DURING THE INSTALLATION OF THESE TILT METER TUBES, THE OPERATOR SHALL AUGER AND LOG THE SURFICIAL AND BEDROCK STATIGRAPHY ENCOUNTERED. AUGERING SHALL CONTINUE UNTIL THE OPERATOR HAS ESTABLISHED INTACT BEDROCK OCCURRENCE. IF ANY EVIDENCE OF EXISTING LANDSLIDE DEPOSITS IS ENCOUNTERED, THE OPERATOR SHALL DEFINE THE NATURE AND EXTENT OF THE PRE-EXISTING SLOPE INSTABILITY. IF SUCH LANDSLIDE ACTIVITY IS DISCERNED, THE OPERATOR WILL BE REQUIRED TO APPROPRIATELY RECONFIGURE THE PILE DESIGN, PRIOR TO INITIATION OF ANY CONSTRUCTION ACTIVITY. Stipulation No. 15 THE DIVISION DIRECTS WEST ELK COAL COMPANY TO COMPLETE A THOROUGH ,(~ RECONNAISSANCE GEOLOGIC MAPPING OF THE PROPOSED UPPER WASTE PILE ACCESS 1 v ROADWAY CORRIDOR. THE APPLICANT SHALL PLACE SPECIFIC EMPHASIS UPON THE DETECTION OF SLOPE INSTABILITY EVIDENCE AND DRAINAGE CHARACTERISTICS OF THE PROPOSED ROAD ALIGNMENT. FURTHER, THE DIVISION DIRECTS WEST ELK COAL COMPANY, UTILIZING THE RESULTS OF THE RECONNAISSANCE GEOLOGIC MAPPING, AND EARLIER ADJOINING SURFACE FACILITY ROAD DESIGN STUDIES, IF APPROPRIATE, TO COMPLETE A PRELIMINARY ACCESS ROAD CUT-SLOPE STABILIZATION AND DRAINAGE DESIGN. THE MAPPING AND PRELIMINARY DESIGN SHALL BE APPROVED BY THE DIVISION, IN WRITING, PRIOR TO ANY DISTURBANCE OF THE ACCESS ROAD CORRIDOR. Stipulation No. 16 \ THE DIVISION DIRECTS WEST ELK COAL COMPANY TO CONSTRUCT THE UPPER WASTE PILE ACCESS ROAD AS AN INITIAL PIONEER ROAD WITH MINIMIZED EXCAVATION. UPON EXPOSURE OF THE EXCAVATED CUT-SLOPES OF THAT PIONEER ROADWAY, THE OPERATOR SHALL COMPLETE A FINAL GEOTECHNICAL INVESTIGATION OF THE ACCESS ROAD CORRIDOR. THIS GEOTECHNICAL INVESTIGATION SHALL BE COMPLETED BY APPROPRIATELY QUALIFIED PROFESSIONAL GEOLOGICAL OF ENGINEERING PERSONNEL. THE PURPOSE OF THIS FINAL INVESTIGATION SHALL 8E TO VERIFY, OR APPROPRIATELY AMEND, THE FINDINGS OF THE RECONNAISSANCE GEOLOGIC MAPPING OF THE ROADWAY CORRIDOR. FURTHER, WEST ELK COAL COMPANY, UTILIZING THE FINDINGS OF THE FINAL GEOTECHNICAL INVESTIGATION, SHALL COMPLETE A FINAL ENGINEERED CUT-SLOPE AND DRAINAGE DESIGN FOR THE UPPER WASTE PILE ACCESS ROAD. THIS FINAL DESIGN SHALL BE APPROVED BY THE DIVISION, IN WRITING, AND THE CONSTRUCTION COMPLETED IN ACCORDANCE WITH THAT DESIGN, PRIOR TO THE TRANSPORTATION OF ANY WASTE MATERIAL ALONG THAT ACCESS ROAD.