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-52- <br /> Both coal seams are believed to be continuous, except for some faulting, <br /> within the mine plan area. Because of intense faulting, thickness of the coal <br /> beds, igneous intrusives and the extreme depth of cover, portions of the coal <br /> resources within the mine plan are not commercially minable at this time. The <br /> "B" bed overlies another coal seam, known as the "A" seam, that is not <br /> commercially minable because of its thinness and close proximity to the "B" <br /> bed. Consequently, it is not considered to be part of the minable coal <br /> reserve. <br /> The proposed operation is in compliance with the requirements of this section. <br /> XV. Explosives - Rules 2.05.3(6) and 4.08 <br /> No surface blasting is anticipated at this operation. The requirements of <br /> this section do not apply. Therefore, the proposed operation is in compliance <br /> with this section. <br /> XVI . Backfilling and Grading - Rules 2.05.3(9) , 2.05.4(2)(c), 4.09 and <br /> 4.14 <br /> The backfilling and grading plan in Section 5-E of Volume 7 of the application <br /> has been reviewed by the Division for compliance. <br /> The applicant proposes to backfill the mine benches by breaking the concrete <br /> foundations of the surface facilities, placing this material against the <br /> face-ups, then subsequently covering the broken concrete. <br /> Insufficient information is contained within the application to judge <br /> stability of the proposed final reclamation backfilling and grading plan for <br /> the five mine portal benches. In accordance with Rules 4.14 and 4.27, the <br /> applicant is required to demonstrate that the proposed regraded configuration <br /> will achieve a minimum static slope safety factor of 1 .3. Because the five <br /> mine portal benches now exist in their proposed maximum state of disturbance <br /> and reclamation will not occur until cessation of mining (approximately 40 <br /> years in the future), this topic is amenable to stipulation. The Division <br /> finds that the following stipulation is necessary for a finding of compliance <br /> with the backfill and grading requirements of Rules 2.05.3(3), 2.05.4(2)(c) <br /> and 4.14. <br /> Stipulation No. 6 <br /> THE DIVISION DIRECTS THE PERMITTEE TO COMPLETE A THOROUGH GEOTECHNICAL <br /> INVESTIGATION AND STABILITY ANALYSIS OF THE PROPOSED BACKFILLED <br /> CONFIGURATIONS FOR THE FIVE PORTAL BENCHES AT THE COAL BASIN MINES. <br /> THE PURPOSE OF THIS PROJECT SHALL BE TO DEVELOP SPECIFIC BACKFILLING, <br /> GRADING, DRAINAGE, AND RECLAMATION PROCEDURES TO ASSURE OPTIMUM <br /> STABILITY OF THE FINAL RECLAIMED PORTAL BENCHES. <br /> FURTHER, THE PERMITTEE SHALL PREPARE A DETAILED MATERIAL BALANCE, <br /> DESIGNATING THE PROPOSED SOURCE OF MATERIALS TO BE UTILIZED IN <br /> COMPLETING THE BACKFILLING AND GRADING OF THE MINE PORTAL AREAS. <br />