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Howard McGinnis <br /> December 16,2014 <br /> Page 3 of 4 <br /> 13. In the paragraph titled Reclamation Timetable in the attached 2008 Exhibit E Reclamation Plan,it states if the <br /> seed mixture and rates are modified the Division will be notified in the next annual report after the change is <br /> made. Please be aware that any changes in seed mixtures or application rates must first be approved by the <br /> Division through the submittal of a Technical Revision,prior to implementation. <br /> 6.4.6 Exhibit F—Reclamation Plan Man <br /> 14. The Exhibit F Reclamation Plan Map needs to show the new permit boundary as well as the original.This <br /> map also needs to display the new post-mining topography. <br /> 6.4.14 Exhibit N—Source of Legal Right to Enter <br /> 15. The provided 2008 lease agreement,demonstrating the Operator's legal right to enter the site, is between the <br /> Operator and James&Eldon Moser,but Exhibit O lists one additional surface owner and two additional <br /> mineral owners. Please submit the source(s)of legal right to enter the site for all surface and mineral owners. <br /> 6.4.19 Exhibit S-Permanent Man-made Structures <br /> 16. The structure agreement provided in the application is incomplete;the notarized agreement states"the above <br /> listed structure"on the first page. It appears that the first sheet of the Division's sample structure agreement is <br /> missing(this page is attached to this letter). In addition,the Application states that there is a fence bordering the <br /> west and north boundaries of the pit.After further review of the adjacent landowners,it appears the structure <br /> agreement obtained with the Weathers could only be for the fence to the north of the pit.The fence to the west <br /> of the pit is most likely shared with different landowners. <br /> Where the mining operation will adversely affect the stability of any significant,valuable and permanent <br /> man-made structure located within two hundred(200)feet of the affected land,the Applicant may either: <br /> a. provide a notarized agreement between the Applicant and the person(s)having an interest in the structure, <br /> that the Applicant is to provide compensation for any damage to the structure; or <br /> b. where such an agreement cannot be reached,the Applicant shall provide an appropriate engineering <br /> evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br /> operation;or. <br /> c. where such structure is a utility,the Applicant may supply a notarized letter, on utility letterhead, from the <br /> owner(s)of the utility that the mining and reclamation activities,as proposed,will have"no negative <br /> effect" on their utility. <br /> This concludes the Division's adequacy review of this application. This letter shall not be interpreted to mean that <br /> there are no other technical deficiencies in your application. Other issues may arise as additional information is <br /> supplied. Please be advised the Amendment Application for the Moser Pit permit may be deemed inadequate,and <br /> the application may be denied on February 19,2015,unless the above mentioned adequacy review items are <br /> addressed to the satisfaction of the Division. If more time is needed to complete the reply,the Division can <br /> grant an extension to the decision date.This will be done upon receipt of a written waiver of the <br /> Applicant's right to a decision by February 19,2015 and the request for additional time.This must be <br /> received no later than the deadline date. <br />