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Mr. Barnhard <br />Page 6 <br />February 5, 2015 <br />6.3.9 Exhibit I — Proof of Filing with County Clerk <br />No comment. <br />6.3.10 Exhibit J — Proof of Mailing of Notices to Board of County Commissioners and Soil <br />Conservation District <br />No comment. <br />6.3.12 Exhibit L — Permanent Man -Made Structures <br />32. The Applicant has stated a structure agreement was sent to the owner of the power line <br />located within 200 feet of the proposed operation. Please specify if the structure owner has <br />signed a damage waiver agreement. If so, please provide a copy of the damage waiver <br />agreement. <br />6.4.21 Exhibit U — Designated Mining Operation Environmental Protection Plan <br />33. The Applicant has stated a Toxic Characteristic Leaching Procedure (TCLP) test would be <br />performed on the mine dump and that the results of the test would be provided to the <br />Division. Please clarify if this test has been performed. If so, please provide the results of the <br />test to the Division. <br />34. The Applicant has stated the TCLP test should show the ore can be classified as solid waste. <br />Please specify the criteria for determining if the ore can be classified as solid waste. In <br />addition, please specify what would happen to the ore if the TCLP test shows that the <br />material cannot be classified as solid waste. <br />35. As required by Rule 6.4.21 (1 0)(a)(iii), provide design specifications certified by a licensed <br />professional engineer for all Environmental Protection Facilities intended to convey, <br />transport or divert surface water around or away from acid mine drainage or toxic or acid - <br />forming material. <br />36. As required by Rule 6.4.21(10)(b), submit a maintenance and inspection program to ensure <br />all drainage control and containment facilities will be properly operated and maintained. <br />37. As required by Rule 6.4.21(15), provide a construction schedule of all facilities designed to <br />contain acid - forming materials i.e. stormwater control structures. <br />38. As required by Rule 6.4.21(6)(b)(iii), describe how the Operator will prevent adverse off -site <br />impacts during periods of active mine site operations and periods of Temporary Cessation. <br />The proposed mining plan will result in a net reduction of acid - generating material. <br />However, by redisturbing the mine dump acid - generating material which is currently buried <br />