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the TCLP for the ultimate waste after an initial production of less than one hundred tons of <br />tailings has been processed and the waste is categorized, i.e., that the material meets the <br />requirements of the ultimate landfill's CDPHE solid waste disposal permit as non - hazardous <br />waste. <br />30) In re your ¶31 a Tier II Administrative Permit will be acquired from Gilpin <br />County. <br />31) In re your ¶32 a copy of the mailing certificate to XCEL is attached hereto. No <br />response has been received from XCEL in re the power line to date. <br />32) In re your ¶33 the Designated Mining Operation Environmental Protection Plan <br />has been amended to reflect that a TCLP for the waste produced from the processing of the mine <br />tailings will be provided before more than one hundred tons of dump has been processed and the <br />waste disposed of at a CDPHE permitted landfill. If the maximum one hundred ton test fails to <br />produce a non - hazardous waste additional testing and reprocessing of the test waste will be <br />conducted until the waste generated is non - hazardous. <br />33) In re your ¶34 the Designated Mining Operation Environmental Protection Plan <br />has been amended to reflect that a maximum of one hundred tons of material will be tested to <br />determine the characterization of the waste as non - hazardous solid waste. The treatment method <br />outlined in ¶29 hereto has been used by the mill operator previously on several different <br />permitted mine sites and has always produced a solid waste that will meet the appropriate <br />standards as a non - hazardous solid waste. The reason for this is the neutralization and removal of <br />the acid - generating potential of the waste. In addition, the United States EPA in the ROD for the <br />Idaho Springs — Central City Superfund Study Area preformed testing on the dump materials in <br />the study area and determined that the waste generated from the testing, using essentially the <br />same processing that the Federal Mill uses, is non - hazardous and could be disposed of in a <br />municipal land fill. The relevant section of the ROD is attached hereto. <br />34) In re your ¶35 the Designated Mining Operation Environmental Protection Plan <br />has been amended to include certification by a licensed professional engineer as required by Rule <br />6.4.21 (1 0)(a)(iii).. <br />35) In re your ¶36 the Designated Mining Operation Environmental Protection Plan <br />has been amended to include a maintenance and inspection program as required by Rule <br />6.4.21(10)(b). <br />36) In re your ¶37 the Designated Mining Operation Environmental Protection Plan <br />has been amended to include a construction schedule of all facilities designed to contain acid - <br />forming materials as required by Rule 6.4.21(15). <br />4 <br />