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Steven D. Landau -3- April 28, 1995 <br /> 1. The frequency of sample collection and the testing <br /> methodology will be agreed to by the Division and <br /> the operator prior to initiating the program. Contact <br /> Harry Posey at the Division to determine an <br /> acceptable testing method and sample collection <br /> frequency. <br /> 2. The operator will submit test results of the waste <br /> rock material to the Division within 30 days after the <br /> tests are completed. <br /> The Division will review the test results then arrange to meet with the <br /> operator, if necessary, to discuss whether or not the Ike No. 1 should be <br /> classified as a DMO. If the site warrants DMO status the Division will <br /> submit another DMO determination letter to the operator. If the operator <br /> demonstrates to the satisfaction of the Division and the Board, via the <br /> waste rock test results or by other means, that the exposed or disturbed <br /> mined material does not have sufficient quantities of toxic-forming <br /> material to adversely affect human health, property, or the environment, <br /> then the Ike No. 1 may qualify for an exemption from the requirements <br /> of Rule 7 pursuant to Rule 7.2.6. <br /> If you agree with the aforementioned conditions please submit an agreement letter to <br /> the Division by June 1, 1995. <br /> If you have any questions or comments give me a call. <br /> Sincerely, <br /> ames Dillie <br /> Environmental Protection Specialist <br /> MAOSS%ammlSLandau id <br />