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(a) On any affected land being used or proposed for the deposit or <br />disposal of refuse, until after the cessation of operations for <br />productive use of such refuse. <br />(b) On lands proposed for future mining. <br />(c) Within depressed haulage roads or final cuts while such roads <br />or final cuts are being used or made. <br />(d) Where permanent pools or lakes have been formed. <br />(e) On any affected land so long as the chemical and physical <br />characteristics of the surface and immediately underlying materials <br />of such affected land are toxic, deficient in plant nutrients, or <br />composed of sand, gravel, and cannot feasibly be remedied by <br />chemical treatment, fertilization, replacement of overburden, or <br />like measures. <br />(9) Adverse characteristics of the surface and the substitution of <br />alternative areas: <br />No adverse surface characteristics exist. The Operator/Applicant does not <br />intend to substitute acres for reclamation. <br />3.1.11 Buildings and Structures: <br />The expansion area is privately owned surface and the minerals is appurtenance to <br />the land leased from the HRLP. The site does not fall under the State Historic <br />Preservation Office Requirements for a cultural or historical study. <br />All structures potentially impacted by mining and reclamation in the expansion <br />area belong to the HRLP. There is a fence line running east to west just north and <br />within 200 feet the affected land, the final cut. There also is a fence line west of <br />the proposed expansion area. However, it is greater than 200 feet of the proposed <br />affected area and is owned by HRLP. A fence line runs north and south through <br />the proposed expansion area will be removed during mining operations. This is <br />an abandoned fence line belonging to HRLP. If the land owner so directs, the <br />Operator will replace this fence line upon the conclusion of reclamation. <br />3.1.12 Signs and Markers: <br />(1) Facility entrance sign: <br />The Operation is presently identified by a sign, clearly visible from the <br />point of access with the following information: <br />Page 24