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-lo- this five-year term included mining l~-~st the fault into coal in the lease block for which application has been made. The applicant was requested to submit an alternate plan for mininy in case the lease was not issued prior to permit issuance. A plan calling for retreat mining to begin after the fault had been reached was submitted and found to be adequate. If the 120-acre lease modification is granted, mining operations will con- tinue until the year 2025. If the modification is not granted, mining should terminate in the year 1993. Reclamation will commence immediately upon completion of mining. The proposed operation is in compliance with the requirements of this section. XVI. Rule 2.05.3(6) - Explosives No surface blasting will occur at this operation. Therefore, the proposed operation is in compliance with this section. XVII. Rules 2.05.3(9), 2.05.9(2)(c), 4.09 and 4.14 - Dackfilling and Crading The backfilling and grading plan included as Exhibit 5 is to regrade the area to approximate original contour. The material used to construct the two bench areas will be pushed up to the cut slopes or pulled up using a dragline. There are no acid of toxic forming materials produced at this mine. The only waste which might be generated is roof-fall material which might be brought to the surface. Presently, the operator disposes all roof-fall material underground. The applicant included a plan for an underground development waste pile which is to be used if underground disposal is not possible. The applicant has supplied a map and cross-section and states that the pile will have 3:1 side slopes and be compacted to 90~ of standard proctor in two foot lifts. No dimensions or stability analysis were sub- mitted. However, by measuring the map and cross-section in Exhibit 9, it was determined that the pile capacity was approximately 1,000 cubic yards with a depth of approximately 5 feet. Piles of this size are inherently stable at a static safety Factor of 1.5 or more. Therefore, as long as the pile does not exceed 1,000 cubic yards, no stability analysis should be necessary. !lowever, since no dimensions were given, the Division feels that the following stipulation is necessary to find the proposed operation in compliance: IF THE PROPOSED UNDERGROUND DEVELOPMENT WASTE PILE EXCEEDS 1,000 CUBIC YARDS, THE APPLICANT MUST CONSULT WITH THE DIVISION ADOUT THE ADDITIONAL ENGINEERING INFORMATION AND PLANS RE~UZR ED. THE INFORMATION AND PLANS SHALL DE SUDMITTED TO T11E DIVISION FOR REVIEW AND APPROVAL PRIOR TO EXPANSION OF THE UNDERGROUND DEVELOPMENT WASTE PILE. XVIII. Rules 2.05.3(8), 2.05.4(2)(f), 4.10 and 9.1I - Coal Processing Waste No coal processing waste or non-coal processing waste is produced by this operation. The only coal processing done at this operation is to crush the coal to proper size for domestic sale.