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-55- Rule 4.14.2(4) states: "All surface coal mining operations on slopes above 200, or on lesser slopes that the Division defines as steep slopes shall meet the provisions of 4.27". Rule 4.27.33) specifically requires; "...the person who conducts the surface coal mining operation must demonstrate to the Board or to the Division, using standard yeotechnical analysis, that the minimum static factor of safety of the stability of all portions of the reclaimed land is 1.3". All of the surface disturbance areas involved are currently disturbed. No significant increase in disturbance is projected for these areas of the surface facilities of the Hawk's Nest Mine. In light of these facts, and iri liyht of the anticipated prolonged life of the mining operation (anticipated abandonment date of 201'[) the Division deems it appropriate to impose the following stipulation. STIPULATION NU. 14 THE DIVISIUN DIRECTS WESTERN SLOPE CARBON TO PREPARE A THOROUGH 6EOTECHNICAL STABILITY ANALYSIS OF THE PROPOSED RECLAIMED APPROXIMATE OkIGINAL CONTOUR CONFIGURATIONS FUR THE EAST PORTAL AND WEST PORTAL DISTURBANCE AREAS. THIS ANALYSIS SHALL BE COMPLETED AIVU SUBMITTED TO THE DIVISION FOR REVIEW WITHIN 6 MONTHS FOLLOWING ISSUANCE OF THE PERMIT. THE GOAL OF THIS ANALYSIS SHALL BE TU UETERI4INE CONFORMANCE WITH THE REQUIREMENTS OF RULE 4.27.3(3). IN THE EVENT THAT THIS ANALYSIS DETERMINES THE CURRENT PROPOSED RECLAIMED CONFIGURATION TO ACHIEVE A STATIC SLOPE SAFETY FACTOR OF LESS THAN THE REQUIRED 1.3, THE APPLICANT SHALL AMEND ITS RECLAMATION PLAN TO CONTAIN BACKFILLEU CONFIGURATIONS WHICH WILL ACHIEVE THE REQUIRED STATIC SLOPE SAFETY FACTOR. THE AMENDED RECLAhIATIUN PLAN NNO A SUPPORTIVE STABILITY ANALYSIS SHALL BE SUBMITTED TO THE DIVISION WITHIN UNE YEAR FOLLOWING ISSUANCE OF THE PERMIT. Division Inspection keports have in the past, noted surficial debris sloughage from the steep cut face above the West Portals onto the portal bench. Interim re vegetation efforts have not resulted in successful establishment. Installation of a retaining wall structure followed by backfilling or terracing of the cut slope to a lower yradient would allow vegetation to establish and effectively prevent further sloughage. The following stipulation is necessary: STIPULNTiOIV N0. 15 UTILIZING RESULTS OF THE GEOTECHNICNL STABILITY ANALYSIS REQUIRED BY THE PREVIOUS STIPULATION, THE PERMITTEE WILL IN CONSULTATION WITH THE DIVISIUN DEVELOP AN ACCEPTABLE PLAN FUR INTERIM STABILIZATION OF THE SLOPE ABOVE THE WEST POkTHLS. THE PLAN WILL BE SUBMITTED WITHIN o MONTHS OF PERMIT ISSUANCE AND WILL BE IMPLEMENTED WITHIN 8 MONTHS OF PERMIT ISSUANCE. With the imposition of the three preceding stipulations, the application is found to be in compliance with the requirements of this section.