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SECTION III - STATUS OF STIPULATIONS <br />Stipulation 27 was attached to Permit Renewal No. 5, and will remain in effect. No additional <br />stipulations were placed on the permit as a result of the January 12, 2007 Permit Renewal RN-06 and <br />there have been no new stipulations attached to the permit subsequent to RN-06 issuance. <br />STIPULATION NO. 27 -- SEDIMENT REMOVED FROM THE SEDIMENT POND MAY BE <br />USED AS A TOPDRESSING OR TOPSOIL SUPPLEMENT PURSUANT TO RULE 4.06.2(4)(A), <br />UPON SUBMITTAL OF CHEMICAL AND PHYSICAL ANALYSES DEMONSTRATING THAT <br />THE MATERIAL IS EQUAL TO OR MORE SUITABLE FOR SUSTAINING VEGETATION <br />THAN AVAILABLE TOPSOIL OR OTHER PLANT GROWTH MEDIA. SUCH <br />DEMONSTRATION SHALL BE BASED ON A REPRESENTATIVE COMPOSITE SAMPLE OF <br />THE MATERIAL OBTAINED FROM EACH POND CLEAN OUT EPISODE. REQUIRED <br />PARAMETERS WILL INCLUDE THOSE LISTED IN 4.06.2(4)(A), WITH THE EXCEPTION OF <br />THICKNESS, DEPTH, COARSE FRAGMENTS, AND AREAL EXTENT. ANALYSES FOR <br />SELENIUM, BORON, NITROGEN, AND ORGANIC MATTER WILL BE INCLUDED IN <br />ADDITION TO THOSE LISTED. POND CLEAN OUT MATERIAL WILL NOT BE PLACED IN <br />THE TOPSOIL STOCKPILE OR USED AS FINAL RECLAMATION TOPDRESSING PRIOR TO <br />OBTAINING WRITTEN APPROVAL FROM THE DIVISION. <br />Status - Stipulation Active. Specified analyses which demonstrated the acceptability of 1992 <br />pond clean out material for use as topsoil were included in the October, 1997, TR-09 submittal. <br />The stipulation will remain in effect, to allow for use of future pond clean out material as <br />topdressing, upon approval by the Division. <br />SECTION IV - MIDTERM ADEQUACY QUESTIONS <br />The Division has the following adequacy comment regarding this Midterm Review. No revision <br />to the permit will be required. <br />Please submit additional bond monies in the amount of $49,876.00. As summarized below <br />in Section VI of this document, the current amount of bond held is deficient. The Division <br />conducted a review of the McClane Mine reclamation liability, in association with this <br />midterm permit review. We have prepared an updated cost estimate (enclosed as Attachment <br />1.). The new liability is $369,156.00. This liability is $19,879.00 more than the current <br />liability and $49,876.00 more than the current bond held (of $319,280.00). <br />4