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-58- The original permit includes a statement of intended possible secondary mining of coal beneath the coal pile. In order to assure the assumptions made in completing the stability analysis are correct, the Division believed it appropriate to impose the following stipulation upon approval of the Upper waste pile permit revision. Stipulation No. 12 THE DIVISION DIRECTS WEST ELK COAL COMPANY, PRIOR TO ANY DISTURBANCE AT THE WASTE PILE SITE, ~ SUBMIT AN APPROPRIATE AMENDN~lT TO THE OPERATION PLAN WITHIN THE EXISTING PERMIT TO LIMIT EXTRACTION BE[~ATH THE WASTE PILE ZO PRIMARY DEVEIAPMENT ONLY. NO SECONDARY EXTRACTION SHALL BE ALS~OWED BENEATH THE PILE OR THE INA'~DIATELY ADJOINING AREA. During the past several years slope instability has occurred in the surficial deposits above the portals of the Mt. Gunnison No. 1 Mine. The area affected lies downslope from the toe of the proposed pile. Because of this evidence of surficial instability adjoining the proposed pile area, the Division desired additional surface monumentation and stability monitoring. For this reason, the Division believed it appropriate to impose the following stipulation upon approval of the upper waste pile permit revision application. Stipulation No. 13 THE DIVISION DIRECTS WEST ELK COAL C.'ONIPANY, PRIOR Ta ANY DISTURBANCE AT THE UPPER 4~.STE SITE, ZO INSTALL SEVERAL ELDCTRONIC TILT METER TUBES DOWNSLOPE FROM THE 'i0E OF THE PROPOSED WASTE STRUCTURE. WITHIN 30 DAYS FOLLOWING APPROVAL OF PERMIT REVISION APPLICATION, WEST ELK COAL COMPANY SHALL SUBMIT ~ THE DIVISION A PLAN FOR THE INSTALLATION OF THE TILT METER FACILITIES. THESE TILT METER INSTALLATIONS SHALL OCCUR IN T[-lE VICINITY OF h10N[JMENTS S1 AND 52, AS INDICATID ON DRAWING NO. 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 ESTABLISHID IMPACT BEDROCK CC('URRII~. IF ANY EVIDENCE OF EXISTING LANDSLIDE DEPOSITS IS ENCOUNTERED, THE OPERATOR SHALS~ DEFINE THE NATURE AND EXTEND OF THE PRE-EXISTING SLOPE INSTABILITY. IF SUCH LANDSLIDE ACTIVITY IS DISCERNED, THE OPERATOR WILd, BE REQUIRED 'i0 APPE~PRIATELY RECONFIGURE THE PILE DESIGN, PRIOR TO INITIATION OF ANY OONSTRUCPION ACTIVITY. In the fall of 1985 West Elk Coal Company submitted a permit revision application requesting approval of a permanent Lower Waste Pile to be located adjoining the mouth of Sylvester Gulch. This application requests approval to permanently dispose of 1.77 million tons of coal processing waste within the proposed structure. The applicant proposed a five phase construction program, including recompaction and reconfiguration of temporarily stored waste material. The proposed storage volume represents a 15.7 year capacity at the projected rate of waste generation of 100,000 tons per year. The proposal included the