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<br />Page 7 of 7 <br />Further, Pittsburg and Midway is directed to prepare appropriate stability <br />analysis of any cut or fill slopes adjoining roadways which exceed the <br />maximum regulatory slope limits of Rule 4.03 (SMCRA 816.150-816.176). The <br />operator may submit representative "worst-case" analyses, if geotechnical <br />analyses demonstrate that the slope and embankment situations purported to be <br />represented by these analyses are analogous. <br />8. The applicant must submit letters of consent from each of the surface land <br />owners in question authorizing that the road aver their property is allowed <br />to remain as constructed. <br />9. The operator must amend the application to include a section which adequately <br />addresses Rule 4.27 (SMCRA 826) "steep slope mining", as it relates to the access <br />road identified as "the goat trail", segment 1-1' on exhibit 3.5.1. This section <br />shall be submitted in 30 days following permit issuance. Any application re- <br />questing variance from approximate original contour for "the goat trail" <br />must include a stability analysis of the proposed final reclaimed configuration. <br />(Static slope safety factors of 1.3 must be attained for any final reclaimed <br />configuration.) This stability analysis shall be submitted within one year <br />following permit issuance. <br />10. Within 30 days upon operator's acceptance of the Secretary's approval, the <br />operator will comply Rule 4.18 (2) (a) (b) (c) and 418 (4) (h) [SMCRA 816.97 (b), <br />(d) (8)] which states that: <br />A person.who conducts surface coal mining operations shall promptly report to the <br />Division the presence in the permit area of: <br />(a) Any threatened or endangered animal or plant species listed or proposed to <br />be listed by the State or Secretary; <br />(b) Any critical habitat of any threatened or endangered animal or plant species <br />listed or proposed to be listed by the State or Secretary; <br />(c) Any bald or golden eagle, or nest thereof, of which that person becomes aware <br />and which was not previously reported to the Division by that person. <br />Each person who conducts surface coal mining operations, to the extent possible <br />using the best technology currently available, shall: <br />(a) To the extent possible, prevent, control, and suppress range, forest, and <br />coal fires which are not approved by the Division as part of a management <br />plan. <br /> <br />