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6.4.8Exhibit H — Wildlife Information <br />8. Please explain or correct the reference of an "intermittent Creek" in the second sentence in Exhibit H of <br />the application. <br />The sentence "mining efforts will still focus on the Intermittent Creek. "should be deleted. This is an error <br />- a product of cut and paste computer efforts. <br />6.4.10 Exhibit 1— Vegetation Information <br />9. The Applicant shall include a narrative of the description of present vegetation types, which include <br />quantitative estimates of cover and height for the principal species in each life -form represented (i.e., trees, <br />tall shrubs, low shrubs, grasses, forbs). Please submit a new narrative which adequately describes the <br />present vegetation for the expansion area; in addition, the Applicant may want to contact NRCS in response <br />to this adequacy issue. <br />Present vegetation in the currently undisturbed areas of the site is predominately blue gramma, <br />sagebrush, western wheat grass, and some sand dropseed. Grass cover ranges up to approximately 12 <br />inches in height. There appears to be some buffalo grass growing as an understory. There are no trees or <br />shrubs. Small areas of weeds grow are present but grass cover is predominant. <br />6.4/14 Exhibit N — Source of Legal Right to Enter <br />10. The Applicant must provide the source of your legal right to enter and initiate a mining operation on <br />the affected land. Within the Application, it states that there is a verbal agreement between the county <br />and the landowner; this is not acceptable to the Division as required by Rule 6.4.14; please provide a signed <br />and notarized statement by the Landowner stating the Operator /Applicant has legal right to enter and <br />mine. <br />A notarized letter signed by the landowner is attached. <br />.4.19 EXHIBITS- Permanent Man -made Structures <br />11. Within the application, it states that the county agrees to pay for any damages to the landowner's fence <br />lines as a result of mining. This statement is not acceptable to the Division as required by Rule 6.4.19.; <br />please provide a signed and notarized agreement between the structures's Owner Operator /Applicant <br />regarding compensation of damages. In addition, during the pre- operation inspection, the Division <br />observed several out - buildings and fences /corrals just north of the permit boundary and an overhead utility <br />line that crossed the other portion of the permit boundary. <br />Where the mining operation will adversely affect the stability of any significant, valuable and <br />permanent man -made structure located within two hundred (200) feet of the affected land, the applicant <br />may either: <br />a. Provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damages to the structure; or <br />b. where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring <br />at the mining operation; or <br />c. where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, <br />from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no <br />negative effect" on their utility.). <br />Enclosed is a notarized certification from the county that Schneller Enterprises will be compensated for <br />