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Rule 4.28,3(8) Discharge structures for diversions and sediment control structures shall comply <br />with 4.05.7. <br />The provisions of Rule 4.05.7 are not deemed necessary. <br />Rule 4.28.3(9) Air pollution control measures associated with fugitive dust emissions shall <br />comply with 4.17. <br />See Rule 4.17 above. <br />Rule 4.28.3(10) Fish, wildlife, and related environmental values shall be protected in <br />accordance with 4.18. <br />See Rule 4.18 above. <br />Rule 4.28.3(11) Slide areas and other surface areas shall comply with 4.12. <br />There is no coal seam to be mined [Rule 4.28.3(11)]. There is one slide on the site, in a railroad <br />spur cut, but it poses no threat to those items identified in this rule. <br />Rule 4.28.3(12) Adverse effects upon or resulting from nearby underground coal mining <br />activities shall be minimized by appropriate measures including, but not limited to, compliance <br />with 4.05.6 and 4.19. <br />There are no neazby underground coal mining activities. <br />Rule 4.28.3(13) Reclamation shall include proper topsoil handling procedures, revegetadon, and <br />abandonment, in accordance with 4.12, 4.14, 4.15, 4.16, 4.21, and 4.05.17. <br />See the referenced rules above. <br />Rule 4.28.3(14) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, <br />water storage facilities, and any structure or system related to the coal processing plant shall <br />comply with the requirements of Rule 4. <br />There is no coal processing plant. The PAP is in general compliance for structures. <br />Rule 4.28.3(15) Any coal processing plant or associated structures located on prime farmland <br />shall meet the requirements of 4.25. <br />There is no coal processing plant on prime farmland. <br />Page 36 of38 pages, November 8, 2005 <br />