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Steven D. Landau -2- April 28, 1995 <br /> C. The existing waste rock dump was topsoiled, well graded, and <br /> sparsely vegetated. <br /> 6. The Division sent the operator a notice of DMO determination in <br /> November, 1994. <br /> 7. The operator responded to the Division's DMO letter in December, 1994 <br /> requesting clarification of the basis for the determination. <br /> 8. The Division responded to the operator in February, 1995. <br /> 9. The operator submitted notice to the Division in March, 1995 disputing <br /> the Division's determination pursuant to Rule 7.2.4. <br /> 10. The package submitted to the Division by the operator claimed that the <br /> Ike No. 1 does not meet the criteria for DMO classification. The <br /> operator presented its argument for an exemption. Mr. Harry Posey, <br /> with the Division, reviewed the submittal and concluded that additional <br /> testing of the waste rock material is needed since the operator's test <br /> data does not appear to represent the natural conditions at the site. <br /> 11. Pursuant to Rule 7.2.4(1)(a) the Division met with the operator on <br /> April 18, 1995. <br /> During the meeting the operator and the Division agreed that this permit, <br /> based on current site conditions, did not warrant DMO status at the <br /> present time. DMO status may be warranted in the future if the operator <br /> cannot present documentation, or demonstrate, to the Division that the <br /> operation will not expose or disturb toxic-forming materials in quantities <br /> sufficient to adversely affect human health, property, or the environment. <br /> Currently, the operator does not anticipate creating any new waste <br /> dumps in the permit area for another couple of years. So, as a <br /> condition of this withdrawal, the operator will be required to complete the <br /> following tasks: <br /> a. Notify the Division within 30 days after waste rock material <br /> is being deposited at the surface. <br /> b. Collect and analyze the waste rock material as it is being <br /> deposited at the surface when mining activities begin. <br />