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Rule 4.03.1(1)(ii) In lieu of certification of the design and construction or reconstruction, for <br />existing haul roads not within the disturbed area and for which the construction or re- <br />construction was complete prior to August 1, 1995, the applicant shall provide a relevant <br />showing, on a case by case basis, which may include monitoring data or other evidence, whether <br />the road meets the performance standards of"Rule 1.03.1. <br />This might be an option for the existing haul road. <br />Rule 4.03.2(1)(f)(i) The construction or reconstruction of access roads not within the disturbed <br />area in accordance with 4.05.2(4) shall be certified in a report to the Division by a qualified <br />registered professional engineer, except as provided for in Rule 4.03.2(1)(~(ii). The certification <br />report shall be submitted to the Division upon completion of any construction or reconstruction <br />and shall indicate that the road has been constructed or reconstructed as designed and in <br />accordance with the approved plan. <br />No certification of access roads was found in the PAP. <br />Rule 4.03.2(1)(f)(ii) In lieu of certification of the design and construction or reconstruction, for <br />existing access roads not within the disturbed area and for which the construction or re- <br />construction was complete prior to August 1, 1995, the applicant shall provide a relevant <br />showing, on a case by case basis, which may include monitoring data or other evidence, whether <br />the road meets the performance standards of Rule 4.03.2. <br />This may be the appropriate action. <br />Rule 4.04 Support facilities required for, or used incidental to surface or underground mining <br />activities, including, but not limited tq mine buildings, coal loadingfacilities at or near the mine <br />site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, <br />preparation plants, sheds, shops, other buildings, railroad loops, spurs, sidings, surface <br />conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, <br />constructed or reconstructed, and maintained, and the area restored, to: <br />Descriptions of facilities are at Tab 12. The PAP is in compliance with this rule. <br />Rule 4.05 HYDROLOGIC BALANCE <br />Overall, the PAP is in compliance with this rule. <br />Rule 4.05.1(4) Operations shall be conducted to minimize water pollution and, where necessary, <br />treatment methods shall be used to control water pollution. <br />Page 30 of 38 pages, November 8, 2005 <br />