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-44- pile. In order to qualify for this use, the proposed waste material will have to be demonstrated to be durable. Obviously, the waste could not be tested prior to its becoming available. In response to earlier Division adequacy comments, the applicant has amended the permit application to include the following commitment: "When coarse refuse to be used to construct the permeable drain is first generated, testing will be conducted to indicate its durability. Results of these tests will be submitted to CMLR upon receipt. If the requirements at CMLR are not met, an alternate source of durable material will be provided." (Page 2026A, Amended Permit Revision Application.) The applicant assumes material strength values for the processing waste material in completing a stability analysis of the proposed pile's configuration. The assumed material strength values are obtained from MESA and Bureau of Mines Research Reports, and represent commonly referenced material values for coal processing waste. The applicant commits, within the amended permit revision application revision, to testing the processing waste material when it becomes available, as follows: "When refuse is generated, analysis will provide accurate values of physical properties to be expected. Since these more accurate values will be obtained while the refuse area is small and has no stability problems, designs can be evaluated to assess the appropriateness of parameters used in stability analysis. If significant changes to the design of the refuse area are warranted, CMLRB will be notified." (Page 2-26, Amended Permit Revision Application) The Division, however, must require submittal of these test results, in any case. The Division will judge whether amendment of the stability analysis and the plan are then warranted. For this reason, the Division finds it necessary to impose the following stipulation upon the revision's approval. Stipulation No. 14 THE DIVISION REQUIRES SALT CREEK MINING TO COMPLETE APPROPRIATE WASTE SHEAR STRENGTH TESTS AND TO SUBMIT THE RESULTS OF THOSE TESTS TO THE DIVISION FOR REVIEW AND APPROVAL, IMMEDIATELY FOLLOWING THE AVAILABILITY OF REPRESENTATIVE COAL PROCESSING WASTE REFUSE MATERIALS. IF SIGNIFICANT MATERIAL STRENGTH VARIATION OCCURS BETWEEN THE ACTUAL TEST RESULTS AND THOSE VALUES ASSUMED IN COMPLETING THE STABILITY ANALYSIS INCLUDED WITHIN THE AMENDED PERMIT REVISION APPLICATION, THE DIVISION WILL REQUIRE SALT CREEK MINING TO COMPLETE AMENDED STABILITY ANALYSIS AND DESIGN REVISIONS TO THE WASTE PILE PLAN. With acceptance by the applicant of the above stipulation, the operation is in compliance with the requirements of this section.