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Rule 4.28.3 Performance Standards. Construction, operation, maintenance, modification, <br />reclamation, and removal activities at operations covered by 4.28 shall comply with the <br />following: <br />Rule 4.28.3(1) Signs and markers for the coal processing plant, coal processing waste disposal <br />area, and water treatment facilities shall comply with 4.02. <br />See Rule 4.02 above. <br />Rule 4.28.3(2) Roads, transport, and associated structures shall be constructed, maintained, and <br />reclaimed in accordance with 4.03 and 4.04. <br />See Rules 4.03 and 4.04 above. <br />Rule 4.28.3(3) Any stream or channel realignment shall comply with 4.05.4. <br />There are no stream or channel realignments. <br />Rule 4.28.3(4) If required by the Division, any disturbed area related to the coal processing <br />plant or associated facilities shall have sediment control structures, in compliance with 4.05. S <br />and 4.05.6 and all discharges from these areas shall meet the requirements for 4.05.1 and 4.05.2 <br />and any other applicable State or Federal law. <br />There are sediment control structures in compliance with the referenced rules. <br />Rule 4.28.3(5) Permanent impoundments associated with coal processing plants shall meet the <br />requirements of 4.05.9 and 4.05.17 Dams constructed of or impounding coal processing waste <br />shall comply with 4.11. <br />There are no permanent impoundments. <br />Rule 4.28.3(6) Use of water wells shall comply with 4.05.14 and water rights shall be protected <br />in accordance with 4.05. I S. <br />The PAP is in compliance with this rule. There is no proposed transfer of a well (Rule 4.05.14). <br />See Rule 4.05.15 above. <br />Rule 4.28.3(7) Disposal of coal processing waste, solid waste, and excavated materials shall <br />comply with 4.09 and 4.11, respectively. <br />There is no coal processing at the site. Solid waste is hauled off site. <br />Page 35 of 38 pages, November 8, 2005 <br />