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<br />DRAFT <br />Section XVII: Back filling and Grading (2.05.3(3), 2.05.3(9), 2.05.4(2)(a), <br />2.05.4(2)(c), 4.09, 4.13, 9.14) <br />(-A PORTION-) <br />The applicant states on pages 2.05-48 and 2.05-49 that those areas of the <br />east portal and west portal disturbance areas which exist along Colorado <br />Highway 133 will be backfilled and graded to achieve approximate original <br />contour, which in both areas is noted to exceed 400 (21.8°). The applicant <br />indicates that the static safety factor of these slopes will be "demonstrated <br />prior to abandonment." <br />Rule 4.14.2(4) states: "All surface coal mining operations on slopes above <br />20°, or on lesser slopes that the Division defines as steep slopes shall <br />meet the provisions of 4.27." Rule 4.27.3(3) specifically requires; "... <br />the person who cronducts the surface coal mining operation must demonstrate <br />to the Board or to the Division, using standard geotechnical analysis, <br />that the minimum static factor of safety of the stability of all portions <br />of the reclaimed land is 1.3." <br />A11 of the surface disturbance areas involved are currently disturbed. <br />No significant increase in disturbance is projected for these areas of the <br />surface facilities of the Hawk's Nest mine. In Light of these facts, and <br />in light of the anticipated prolonged life of the mining operation <br />(anticipated abandonment date of 2012 AD) the Division deems it appropriate <br />to impose the following stipulation. <br />Stipulation No. <br />THE DIVISION DIRECTS WESTERN SLOPE CARBON TO PREPARE A THOROUGH <br />GEOTECHNICRL STABILITY ANALYSIS OF THE PROPOSED RECLAIMED <br />APPROXIMATE ORIGINAL CONTOUR CONFIGURATIONS FOR THE EAST PORTAL <br />AND WEST PORTAL DISTURBANCE AREAS. THIS ANALYSIS SHALL BE <br />COMPLETED AND SUBMITTED TO THE DIVISION FOR REVIEW WITHIN 6 <br />MONTHS FOLLOWING ISSUANCE OF THE PERMIT. THE GOAL OF THIS ANALYSIS <br />SHALL BE TO DETERMINE CONFORMANCE WITH THE REQUIREMENTS OF RULE <br />4.27.3(3). <br />IN THE EVENT THAT THIS ANALYSIS DETERMINES THE CURRENT PROPOSED <br />RECLAIMED CONFIGURATION TO ACHIEVE A STATIC SLOPE SAFETY FACTOR <br />OF LESS ~TXAN THE REQUIRED I. 3, THE APPLICANT SHALL AMEND ITS <br />RECLAMATION PLAN TO CONTAIN BRCKFILLED CONFIGURATIONS WHICH WILL <br />ACHIEVE THE REQUIRED STATIC SLOPE SAFETY FACTOR. THE AMENDED <br />RECLAMATION PLAN AND A'SUPPORTIVE STABILITY ANALYSIS SHALL BE <br />SUBMITTED TO TXE DIVISION WITHIN ONE YEAR FOLLOWING ISSUANCE OF <br />THIS PERMIT. <br />With the imposition of the tcvo preceding.stipulations,~ the application is <br />found to be in compliance with.the requirements of the backfiIling and <br />grading regulations. <br />