Notes from files of ANR Dept. Sec. John Sayles from July 2007
7/30 OMYA MTG
"'Heavily Armored Bridge' will be saved for later."

Notes from files of ANR Dept. Sec. John Sayles from August through October 2007
10/16 Section 5
Are tailings solid waste?
yes. 2 reasons:
1. enriched in arsenic and other non-calcium carbonate minerals
2. contains amounts of flotation reagent (tailings & water)

Bridge Construction Elements from August 2007. No attribution, assumed to be written by Omya
"II. Legal/Regulatory
1. No Harm to Omya in its defense of the federal lawsuit by RCO
a. Administrative Order and effect of "violation" on legal proceedings
2. Interim Certification
a. Cannot be withdrawn or denied - need surrogate
i) Modified Interim Certification w/ conditions?
b. Denial ends "authority'" to continue to deposit tailings on-site
c. Denial likely will prevent Act 250 from proceeding with or approving dewatering facility permit
d. Serious federal lawsuit implications
3. Legal means to continue onsite tailings management until workable alternative achieved
a. Avoid future challenges to continued operations - cannot afford to have solution'' that leaves ANR or Omya vulnerable
4. Taxes
a. Relief from slate franchise tax of $6/1011 and from other tax thai may be imposed by regional solid waste planning entity"

Procedural History and Analysis August 15, 2007
"The DEC Commissioner issued a letter to Omya stating that he was conditionally using his discretion not to enforce against
them for the failure to operate without a permit. At this time, it is my opinion, that Omya is in violation of more than one of
the conditions of this letter."

Memo from Omya Site Visit August 23, 2007

Chart showing Omya's Tailings Management at other plants in North America
"Ontario
Dewatered on-site using a thickener and filter press. Decant water returned to plant process. Dewatered tailings deposited in a
dedicated area at Omya's nearby active quarry to construct Iandlorms. Not regulated as waste pursuant to Ministry of the
Environment determination.
In addition to other beneficial use possibilities being pursued for all North American tailings, Ontario is specifically pursuing use
as landfill/liner final cover due to somewhat finer particle size"

Guidance Document Nov. 13, 2007
Goals and Objectives
The purpose of the Process is for the Agency and Omya to work together to facilitate the Agency making a final determination on Full Certification on or before 30 June, 2009.