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(b) A description of each existing structure, for which there are specific design criteria or <br />performance standards specified in these Rules, proposed to be used in connection with or to facilitate <br />the surface coal mining and reclamation operations. The description shall include: <br />(i) (A) Location: <br />(B) Plans of the structure which describe its current condition; <br />(C) Approximate dates on which construction of the existing structure was begun <br />and completed, and <br />(D) A showing, including relevant monitoring; data or other evidence, whether the <br />structure meets the design requirements or performance standards of Rule 4 or is <br />eligible for exemption from the design requirements as set forth in 2.07.6. <br />(ii) A compliance plan for each existing structure that is proposed to be modified or <br />reconstructed for use in connection with or to facilitate the surface coal mining and reclamation <br />operation. The compliance plan shall include: <br />(A) Design specifications for the modification or reconstruction of the structure to <br />meet the requirements of these Rules: <br />(B) A construction schedule which shows dates for beginning and competing <br />interim steps and final reconstruction; <br />(C) Provisions for monitoring the structure during and after modification or <br />reconstruction to ensure that the performance standards of these Rules are met; <br />(D) A showing that the risk of harm to the environment or to public health or safety <br />is not significant during the period of modification or reconstruction. <br />RESPONSE <br />All existing structures have been constructed in accordance with CMLRD Permit No. C -82 -056, approved April <br />16, 1984, and associated revisions. Rule 2.05.3(3), Mine Facilities, describes modifications on reconstruction of <br />buildings and coal handling facilities planned under this permit revision. In light of the fact that all <br />modifications or reconstructions will be conducted on previously affected surface areas within the present <br />permit boundary, significant harm to the environment or the public health or safety is not anticipated to occur <br />during the period(s) of modification or reconstruction as described above. <br />The Fish Creek Tipple is located in Section 2, Township 5 North, Range 86 West, as shown on Map 15 of the <br />Fish Creek Tipple /Loadout Appendix, Volume IX. The structures associated with the tipple operation are <br />discussed in greater detail within Rule 2.05.3(3) of Volume VII. <br />MR13 -267 2.05 -65.6a 10/15/13 <br />