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Mike Long <br />Page 9 <br />RULE 2.05 implication for Permit for Surface <br />. r r.~ <br />or Un er roun inin ctivities. <br />Requirements or Operation an Rec <br />Section 2.05.3 Operation Plan - Permit Area <br />Operation Description <br />inimum <br />am~on Plan <br />1. Refer to the response provided under 2.03.8 above. <br />2. The proposed coal preparation facility discussed <br />in the permit will most probably not be constructed. <br />In the event it becomes necessary to construct <br />such a facility, Chimney Rock Coal will submit a <br />revision to the Division for its review and approval. <br />3. In accordance with our discussion, we will add <br />a statement in the appropriate location in the <br />text of the permit that all existing structures <br />currently meet the requirements of the performance <br />standards. <br />4. The issue of the Notice of Violation for the new <br />haul road is unresolved at this time. <br />Ponds. Impoundments. Diversions <br />1. The permit application indicates that sediment <br />removed from the sediment ponds will be utilized <br />for topsoil material only after testing indicates <br />it is acceptable for that use. Therefore, we <br />agreed that no further disuussion is needed. <br />2. In accordance with our discussion, we agreed to <br />provide information which describes the overburden <br />balance for each phase of the surface mining <br />operations. Average pit dimensions are discussed <br />in 2.05.3 of the permit application. Appropriate <br />revisions will be made for inclusion in the permit <br />text. <br />Further, areas of overburden storage are not <br />depicted on the mine plan map $12 due to the <br />method of spoil handling. Spoil is handled on a <br />haul back basis by immediate backfilling of mined <br />out areas. Therefore, overburden storage areas <br />are not required. This is discussed in 2.05.3 of <br />the permit application. <br /> <br />