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interest to Sally Rogers, but the interest conveyed is ambiguous. Requested Action: Unless you are able to purchase the interest of Sally Rogers, please furnish a stipulation of interest between Max Coll II and Sally Rogers. The data presented in the Applicant’s response to the first technical notice of deficiency is not sufficient to finalize a technical review and to determine compliance with agency rules. Please provide evidence that Sally Rogers has sold her mineral interests in the NE/4 and S/2 of Section 25 to WCS. Please provide evidence that the Deed has been recorded in Andrews County. 14. Comment: Answered in TNOD1 response. 15. Comment: The ownership report shows Rose Masser Weston, Trustee of the Rose Masser Weston Royalty Trust under Trust Agreement dated 5/1/86 owning a 1/96 mineral interest. By instrument recorded in Book 766, Page 687 the trust was conveyed only a royalty interest. Requested Action: Please provide evidence showing how the Trust acquired a mineral interest. The data presented in the Applicant’s response to the first technical notice of deficiency is not sufficient to finalize a technical review and to determine compliance with agency rules. Please provide evidence that the errors relating to these title defects have been corrected. Please provide evidence that the corrective instruments have been recorded in Andrews County. 16. Comment: The ownership report shows Charter Royalty 96, Ltd with a 1/384 mineral interest in the S/2 and N/2NE/4. The conveyance into Charter Royalty 96, Ltd which is recorded in Book 707, Page 447, conveys a mineral interest in the S/2NE only. Requested Action: Please furnish evidence showing how they acquired a mineral interest in the S/2 and N/2NE/4. The data presented in the Applicant’s response to the first technical notice of deficiency is not sufficient to finalize a technical review and to determine compliance with agency rules. Please provide evidence that the errors relating to these title defects have been corrected. Please provide evidence that the corrective instruments have been recorded in Andrews County. 17. Comment: Answered in TNOD1 response. 18. Comment: The ownership report may show title defects in addition to those noted above. Attachment 1 Second Technical Notice of Deficiency 1/30/2006 Page 8 of 11
Requested Action: Please provide a complete list of title defects or possible exceptions for mineral interests in Section 25 which may affect transfer of the title to the State or federal government. The data presented in the Applicant’s response to the first technical notice of deficiency is not sufficient to finalize a technical review and to determine compliance with agency rules. All title defects must be cured. Please provide a title opinion and an abstract of title for Section 25, Block A-29. All title defects noted in the title opinion must be cured and the curative materials must be recorded in Andrews County. See also additional title defects noted below. 19. Comment: Answered in TNOD1 response. 20. Comment: Answered in TNOD1 response. 21. New Comment: The following additional title defects are noted as of 12/19/05 for Section 25, Block A-29, Andrews County, Texas. Requested Action: Please provide evidence that the following title defects have been cured and the curative materials have been recorded in Andrews County: 21.1. The probate proceedings on Edith G. Marshall need to be recorded in Andrews County, Texas. Edith G. Marshall predeceased her husband Samuel H. Marshall. The conveyance into William S. Marshall came from the Trustees under the will of Samuel H. Marshall and since Edith predeceased Samuel it is possible that her community interest in this mineral interest was devised to a third party. 21.2. There is a mineral deed from Richard Gile to WCS recorded in Book 843, Page 5. The ownership report shows this mineral interest to be owned by Morzie Bradburn Gile. Furnish an instrument showing how this mineral interest passed from Morzie Bradburn Gile to Richard Gile and record this instrument in Andrews County. 21.3. In Book 855, Page 1 Sherry Lynn Parker conveyed her mineral interest under this land to WCS. The ownership report shows this mineral interest to be owned by Sherry Lynn Lloyd. Furnish an affidavit of identity showing that they are one and the same person and record the affidavit in Andrews County. 21.4. There are surface use agreements recorded in Book 853, Page 876 and Book 853, Pag 884 between WCS and John Richard LeSassier and Danielle LeSassier. The ownership report shows this mineral interest to be owned by Anne Lloyd LeSassier. Furnish an instrument showing how this mineral interest passed from Anne Lloyd LeSassier to John Richard LeSassier and Danielle LeSassier and record that instrument in Andrews County. Attachment 1 Second Technical Notice of Deficiency 1/30/2006 Page 9 of 11
Page 1 and 2: Kathleen Hartnett White, Chairman R
Page 3 and 4: Attachment 1 Second Technical Notic
Page 5 and 6: the federal government will assume
Page 7 and 8: institute condemnation proceedings
Page 9: 8. Comment: The following oil and g
Page 13 and 14: Leland. Furnish an affidavit of ide
Page 15 and 16: approximately 10 km from the site s
Page 17 and 18: three of the census tracts (CT-1, C
Page 19 and 20: than heterogeneity, in conclusions
Page 21 and 22: adiation? ;(4) How might low-level
Page 23 and 24: Although the table provides three c
Page 25 and 26: costs for increased preparation for
Page 27 and 28: 24. Comment: In response to TNOD1,
Page 29 and 30: 1. Comment: Volume 2A, Appendix 2.3
Page 31 and 32: excavation and the proposed FWF and
Page 33 and 34: The occurrence of OAG groundwater i
Page 35 and 36: over a geologic feature referred to
Page 37 and 38: Requested Action: Please discuss in
Page 39 and 40: first sandstone below the top of Do
Page 41 and 42: Demonstrate that the disposal site
Page 43 and 44: 7. Comment: Answered in TNOD1 respo
Page 45 and 46: Requested Action: It is unclear fro
Page 47 and 48: Volume 1, Section 2.7.2, when Secti
Page 49 and 50: approximately 750 feet east of the
Page 51 and 52: Dutton AR. 1995. Groundwater isotop
Page 53 and 54: hydraulic conductivity (according t
Page 55 and 56: unit into that zone. Also, such flo
Page 57 and 58: confidence interval for the mean of
Page 59 and 60: Requested Action: Please submit rel
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have little or no value 500, 1,000,
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“non-detect,” but which in this
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Attachment 3 Second Technical Notic
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in Appendix E of API 650). Also, in
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evidence is available to support th
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issues noted above. Refer to the De
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Two strategies for limiting such vo
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additional analyses. 17. Comment: T
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intended service life considerably
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additional analyses. 36. Comment: T
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Requested Action: Please submit rel
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additional analyses. Section 3.6 3.
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that an “average condition runoff
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• Please provide an analysis whic
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11. Comment: Answered in TNOD1 resp
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• Appendix 4.2.3, Part 2.7-A.2 (R
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and could possibly detect the stabi
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Requested Action: Please provide th
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include concrete, rebar, grout, san
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16. Comment: Volume 9A, OP-3.0, pag
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Section 5.2.3 A description of how
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waste is transferred from the rail
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Requested Action: The Applicant par
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The Applicant can only seek approva
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Requirements,” states that the us
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Format and Content of a license app
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individual responsible for making o
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Requested Action: Please provide me
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4. Comment: Answered in TNOD1 respo
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Design Features and Operating Proce
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facility that include cloth PPE. (N
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Manager and because the Health & Sa
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6. New Comment: Some pagination in
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Page 129 and 130:
the period of institutional control
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In Paragraph 5.1.5.1 the Applicant
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commonly applied to radiological da
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dependent on the sample size availa
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set of data indicating a radionucli
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plan will establish precise actions
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(1.18 in/yr), the erosion of the ea
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ability of the site to meet perform
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4. Comment: Answered in TNOD1 respo
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14. New Comment: The Applicant may
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adioactivity in effluents from the
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Requested Action: See comment 6 abo
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and shipment conditions and charact
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hazardous mixed waste constituents
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upon descriptions of volumes of was
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portion or all of the resident intr
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determination of 7,800 years for ve
Page 163 and 164:
Page 165 and 166:
pressures resulting from cost and s
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The WCS inspection service contract
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(1) Design review; (2) Peer review;
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not prevent the Applicant from subm
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4. New Comment: Volume 11A, Appendi
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(1) Adjustment and calibration usin
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Attachment 10 Second Technical Noti
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6. New Comment: Neither document de
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Attachment 11 Second Technical Noti
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Hydrology, Hydorgeology: • The Ap
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13. New Comment: The application in
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Requested Action: Please provide a
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licenses.” Requested Action: Plea
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Requested Action: What is the basis
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would require that the full actual
Page 195 and 196:
discounted dollars for two reasons.
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protection, and other necessary eng
Page 199 and 200:
time value of money to meet full fu
Page 201:
Note: Cost estimates as expressed i
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