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• The Bear No. 1 and 2 portals have been backfilled and graded as part of the Bear No. 1 and 2 reclamation. The portal at the Bear No. 2 Mine was backfilled to an elevation approximately one-half the height of the highwall. This configuration achieves the static safety factor of 1.3 required by Rule 4.14 by assuming an internal angle of friction (41~) of the foundation material which exceeds the laboratory value (34~). A report by Rocky Mountain Geotechnical indicated that the actual internal angle of friction may exceed the minimum value obtained in the laboratory due to the high density of the foundation material present at the site. Stability monitoring of the Bear No. 2 portal area has not indicated any stability problems. Bear Coal Company has modified the existing unreclaimed Edwards mine portals and added additional portals to access the Bear No. 3 Mine. Bear Coal Company submitted a geotechnical investigation and stability analysis of the portal access road and portal facilities, prepared by Rocky Mountain Geotechnical, Inc. This report analyzed the stability of the existing slope, several proposed alternative portal construction plans, and several reclamation configurations for this area. The geotechnical investigation and stability analysis determined that the affected bedrock slope stability above the mine portals could be improved by the excavation of a thin surficial deposit of colluvial debris. The resulting surface • would be in a stable, rock-bolted sandstone face. , The geotechnical investigation and stability analysis determined that the portal cut slope and bench fills cannot attain static slope safety factors in excess of 1.3, as required by Rules 4.14 and 4.27. After reclamation, the static slope safety factor will be less than 1.3. The static slope factors attained by the reclaimed configurations represent decreases of less than five percent of the existing stability factors for the same auras. Bear Coal Company has installed appropriate monitoring facilities in order to verify the stability of the operational and reclaimed slope stability of the portal access road and portal facilities. The Division considers the backfilling and grading plan for the Bear No. 3 Mine to be in conformance with the permanent program regulations with the imposition of two stipulations in the original Findings Document. Detailed engineering plans (Stipulation No. 10), and portal bench monitoring (Stipulation No. 21) were requested by the Division. Stipulation No. 10 has been satisfied. Monitoring facilities as required by Stipulation No. 21 have been installed. The monitoring requirement is still in effect. No underground development waste is placed on the surface at the Bear No. 3 • Mine. The Bear Coal Company disposes of underground development waste within the abandoned workings (First East panel) of the No. 3 mine. 25