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28. Construction Permit No. 03DL0923F, found in Exhibit 10 of Volume III, limits the stockpiling of <br />coal waste to not exceed 2, 000, 000 tons. Please inform the Division as to the total coal waste <br />stockpile tonnage if TR-64 is approved. <br />In the October 1, 2009 submittal, BRL responded that Construction Permit 03DL0923F was later <br />modified (Modification 2) to allow the permanent storage of up to 3,155,000 tons of coal waste, <br />topsoil and excavated material. According to BRL, TR-64 would approve the storage of 2,450,000 <br />cubic yards, or approximately 3,626,000 tons, of coal waste at coal waste stockpile no. 4. BRL <br />further responded that, even though the current volume of stockpiled material does not exceed the <br />construction permit limit, an amended construction permit will be needed to allow for the final <br />volume of material. <br />The Division has two comments. First, since the modified construction permit has a stockpile <br />upper limit based on the total amount of stockpiled material, not just coal waste. BRL should take <br />this into account when they apply for the amendment to the construction permit. <br />Second, the following stipulation will need to be attached to the proposed decision for TR-64 in <br />order to limit the amount of material that can be stored at coal waste stockpile no. 4 until the <br />appropriate amended construction permit is obtained. <br />Approval of Technical Revision No. 64 limits the total volume of material to be <br />stored at gob pile no. 4 to 3,155, 000 tons of coal waste, topsoil and excavated <br />material until the Construction Permit 03DL0923F is modified by the Air <br />Pollution Control Division to allow for a greater amount of stockpiled <br />material. <br />29. As required under Rule 2.103(1)(a), please add the permit boundary designation on Map I5-3 of <br />Volume II and on Figure I of Volume IX. <br />The Division has no further concerns. Map 15-3 and Figure 1 were revised in the October 1, 2009 <br />submittal to include the permit boundary. <br />If you have any questions, please call me. <br />Sincerely, <br />tJsepl. Du sh <br />Environmental Protection Specialist <br />Attachments <br />cc: Jim Stover P.E. (J.E. Stover & Associates) with attachments <br />c:\word2007\bowie2\tr64adeg2 <br />7