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-54- The application does not propose mining of coal seams below the "D" seam during this five-year permit term. Mining will be limited to the "E" seam, "Wild" sea,n and "D" seam as presented in the application. With the acceptance of the above stipulation, the proposed operation is in compliance with the requirements of this section. XVII. Backfillina and Grading - Rules 2.05.3(9). 2.05.4(2 Un page 2.U5-25 of the application it is stated that W.S.C. proposes to develop three declined rock tunnels. The tunnels will be declined at 15X and transect a vertical distance of 150 feet in approximately 790 feet on the decline. On page 2.05-25 the applicant states that unusable rock waste will be placed in mined out areas of the Hawk's Nest Mine or taken to the pre Beni disposal site. In the July 1982 preliminary findings document, the Division noted that the permitted waste disposal site at the Delta County landfill, utilized primarily for coarse coal processing waste, would be filled to capacity and reclaimed by the spring of 1983. The Division also noted that the slurry disposal system for transporting coarse rock waste back into the mine had not been installed and might not be utilized during the pe rniit term. As a result, the Division stated that the proposed operation could not be found to 6e in compliance with the underground development waste disposal requirements of Rule 4.09. The Division requested plans for disposal of underground development waste in a designated disposal area. In response, W.S.C. submitted revised rock waste and coarse coal processing waste volume protections which indicate that sufficient capacity exists at the approved waste disposal site near Hotchkiss for disposal of coal processing waste and rock tunnel waste through 1987. The revised coal processing waste volumes reflect the coal quality encountered in the West Mine as opposed to the East Mine, upon which the original waste volume estimates were based. The followiny stipulation is necessary: STIPULATION NU. 13 WITHIN 6 MOIVTHS OF PERMIT ISSUANCE, THE RECLNMATIUN TIME FRAMES SPECIFIED IN THE REFUSE DISPOSAL PLANS WILL VIE REVISED TO ACCURATELY REFLECT THE REVISED COAL WASTE AND ROCK WASTE VOLUME PROJECTIONS. The applicant states on pages 2.05-48 and 2.05-49 that those areas of the East Portal and West Portal disturbance which exist along Colorado Highway 133 will be backfilled and graded to achieve approximate original contour, which in both areas is noted to exceed 40% (21.80). The applicant indicates that the static safety factor of these slopes will be "demonstrated prior to abandonment".