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-38- On pages 41.1 and 41.2 of Appendix 4.5-1, the applicant describes a proposed visual monitoring program which will specifically observe slope characteristics considered indicative of slope movement, such as"...surface cracking, movement of large rock blocks, and the development of bulging ground near the base of the slope." Appendix 4.5-1 also presents a detailed proposed program for mitigation of slope stability problems. Simplistically, in areas where no danger is presented to structures, mine personnel, or the public, the applicant proposes to restrict access and visually observe manifested slope instability phenomena. In any areas where a hazard exists to structures, mine personnel, or the public, the operator will also, ..as necessary and appropriate, provide slope stabilization techniques". As amended, however, vagueness exists concerning the role of the Division in the decision of whether or not a hazard to structures, mine personnel, or the public exists. To avoid possible future confusion the Division imposes the following stipulation upon permit approval. Stipulation No. 9 THE DIVISION REQUIRES THE PERMITTEE IN THE EVENT THAT ANY SLOPE INSTABILITY IS DETERMINED BY THE DIVISION TO HAVE DEVELOPED WITHIN THE AFFECTED AREA, 70 SUBMIT TO THE DIVISION FOR REVIEW AN ANALYSIS OF THE CAUSES AND RESULTANT HAZARDS OF ANY SUCH UNSTABLE SLOPE AREA. USING THIS ANALYSIS, THE DIVISION SHALL DECIDE WHETHER A HAZARD IS REPRESENTED BY ANY SPECIFIC SLOPE MOVEMENT EVENT AND WHETHER A SLOPE STABILIZATION PROGRAM SHOULD BE DEVELOPED AND IMPLEMENTED. The applicant's proposed subsidence monitoring program includes the installation of one linear set of widely-spaced subsidence monitoring monuments, oriented perpendicular to the spine of Coal Ridge. Considering the importance of verifying subsidence projections contained within the application (Appendix 4.5-1), reliance upon only one limited set of monuments is considered imprudent. However, the application also includes a separate letter and supporting communique from the U.S. Bureau of Mines indicating that a subsidence research program would be instigated at the Coal Ridge mine, which would provide supplemental subsidence monitoring facilities. In order to assure that an adequate subsidence monitoring program is approved and in operation prior to any development within the coal seam, the Division imposes the following stipulation upon permit approval. Stipulation No. 10 IF THE U.S. BUREAU OF MINES AND THE PERMITTEE HAVE NOT AGREED TO A SUBSIDENCE MONITORING PROGRAM ACCEPTABLE TO THE DIVISION PRIOR TO COMPLETION OF THE ROCK TUNNEL, THE DIVISION WILL REQUIRE THE PERMITTEE TO AMEND ITS CURRENT SUBSIDENCE MONITORING PROGRAM. FURTHER, NO MINING SHALL OCCUR WITHIN THE COAL SEAM UNTIL THE PERMITTEE HAS OBTAINED APPROVAL FROM THE DIVISION FOR THE AMENDED SUBSIDENCE MONITORING PROGRAM.