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EXIIIBIT D-Mining Plan(Rule 6.4.4): <br /> 5.Please clarify that Tract 1 will not be permitted and the Operator will continue the current operation <br /> of mining Tract 2. That Tract 1 is the area of the released/terminated M-2004-014 permit and only the <br /> western 100' of this area will be permitted as a portion of Tract 5. <br /> The intent of Mr.Carper is to continue mining in Tract 2 until material is exhausted and <br /> reclamation can begin. <br /> 6. Since the Operator intends to operate as a phased miningibonding approach,please commit to <br /> contacting the Division for approval prior to disturbing any new tracts. The request shall include the <br /> estimated reclamation costs that would be required for opening the additional tract. The Division will <br /> review and calculate a new Finical Warranty amount, issuing a Surety Increase revision if necessary. <br /> Once the additional amount is posted the Operator will be approved for the new tract. <br /> ***Please note that the Operator may,at any point throughout the life of the mining operation,request a <br /> Surety Reduction for completed reclamation tasks or an Acreage Reduction for portions of the permit <br /> that have achieved final reclamation.*** <br /> We commit to contacting the Division for approval before any new tracts are opened. We <br /> recognize that a new financial warranty amount will be needed as new tracts are opened. We <br /> hope to start reclamation on the old tract as new ones are opened and would expect to request <br /> Surety Reduction when appropriate. <br /> 7.In accordance with Rule 6.4.4(g)(ii),please state the nature of the stratum immediately beneath the <br /> material to be mined. <br /> The stratum immediately beneath the material being mined is a hard clay. <br /> 8.Please further clarify the statement that slopes will be left as close to 3H:1 V during mining; <br /> specifically,does the Operator commit to mining at no steeper than 3H:IV,meaning there will be no <br /> highwalls created during the mining operation. <br /> Mr. Carper's intent is to leave slopes as close to 3H:1V as mining occurs,attempting to leave no <br /> high walls during the operation. <br /> 9.The approved reclamation plan for the 110c permit calls for the stripping of 9 inches of topsoil while <br /> the conversion application states 6 inches. Please commit to stripping at least 9 inches of topsoil or <br /> provide a technical justification for the 6 inches. <br /> In reviewing the Phillips County Soil Survey,the Rago Series soils shows top soil from <br /> approximately 0-5"(page 19 from previous application). The next stratum from 5-9"would appear <br /> to be subsoil. We will commit to replace the existing topsoil during reclamation. <br /> 10.In accordance with Rule 6.4.10(1Xa),please provide quantitative estimates of cover and height for the <br /> vegetation described in Exhibit J of the application. <br /> The additional acreage is 100%covered by the CRP grasses previously enumerated. The grasses <br /> range from six to 12 inches in height. <br />