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MR -46 Reconcile Disturbed Area Acreages 08/04/08 <br />TR -16 Coal Mine Waste Disposal Site Plan 03/02/09 +29,997.00 <br />SECTION III — STATUS OF STIPULATIONS <br />Stipulation 27 was attached to Permit Renewal No. 5, and will remain in effect. No additional <br />stipulations were placed on the permit as a result of July 6, 2011 Permit Renewal RN -07 and there have <br />been no new stipulations attached to the permit subsequent to RN -07 issuance. <br />STIPULATION NO. 27 -- SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE <br />USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(A), <br />UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT <br />THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION <br />THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH <br />DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF <br />THE MATERIAL OBTAINED FROM EACH POND CLEAN OUT EPISODE. REQUIRED <br />PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(A), WITH THE EXCEPTION OF <br />THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR <br />SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED IN <br />ADDITION TO THOSE LISTED. POND CLEAN OUT MATERIAL WILL NOT BE PLACED IN <br />THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO <br />OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br />Status - Stipulation Active. Specified analyses which demonstrated the acceptability of 1992 <br />pond clean out material for use as topsoil were included in the October, 1997, TR -09 submittal. <br />The stipulation will remain in effect, to allow for use of future pond clean out material as <br />topdressing, upon approval by the Division. <br />SECTION IV — MIDTERM ADEQUACY QUESTIONS <br />The Division has the following adequacy comment regarding this Midterm Review. <br />1. Please submit an updated officers and directors list for McClane Canyon Mining, LLC if <br />needed. <br />2. Please submit the following pages with updated and corrected references to the Division <br />(or DRMS) from "CMLR ". Pages 1 -3, 1 -4, 2 -42, 2 -46, 3 -2, 3 -4, 3 -5, 4 -29 and 4 -75. <br />3. Please submit the following pages and tables with updated and corrected references to <br />4 <br />