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material is discussed. Any imported material brought to the site to be used as fill or <br />growth media must be 'Inert Material " as defined by Rule 1.1(20). Please provide <br />details regarding the importation of material or remove this statement from Page E- <br />2. If the Operator desires to import material, the details regarding this activity must <br />address the requirements of Rule 3.1.5(9). <br />See the revised page E-2 that is attached. <br />11. "Ferry's oatgrass" is included in the seed mixture proposed on Table E-3. The <br />Division is not familiar with this species. Please provide the scientific name of this <br />species and ascertain the availability of seed stock for this species. Or, please <br />remove this species from the seed mixture. <br />Parry's oatgrass, or Danthonia parryi, is a common dryland revegetation grass. See the revised <br />page E-3. <br />Rule 4.4.7, Exhibit G Water Information <br />12. Please specifically identify the sources that will be used for water consumption at <br />the site. Please indicate the projected amount from each of the sources of water to <br />supply the project water requirements for the mining and reclamation operation. <br />There is no water consumption on site. See the revised pages D-3 and G-2 <br />Rule 6.4.12, Exhibit L — Reclamation Costs <br />13. The Division has reviewed the reclamation cost estimate submitted with Exhibit L <br />and has estimated the cost to reclaim the site based on the information provided and <br />based on the April 12, 2017 site inspection. The Division's estimate is attached. The <br />Division may issue a Surety Increase revision that will require the operator to <br />submit additional financial warranty within sixty (60) days of such a notice in <br />accordance with Rule 4.2.1(2). <br />Noted. The revised Exhibit L total is similar to the DRMS revision. <br />Rule 6.4.14, Exhibit N —Source of Legal Right to Enter <br />14. The eastern portion of the permit area is owned by Beverly J and Marvin D Kembel. <br />Exhibit N includes a signed notarized statement granting Dilley Sand and Gravel, <br />LLC. legal right to enter on the subject property until December 31, 2017. On <br />March 16, 2017 the Division received a letter from Robert B Chapin of the Law <br />Offices of Anderson and Chapin. Mr. Chapin represents the Kembels. This letter <br />was forwarded to you on March 21m, 2017. On April 11, 2017 the Division received <br />a letter from Mr. Chapin clarifying that the letter received on March 16, 2017 was <br />not to be considered an objection. Based on the information provided by Mr. <br />Chapin, it appears the Kembels are amenable to extending the right of entry based <br />on the timelines provided on Table D-2. The Operator will need to keep this in mind <br />and must maintain right ofentry. Failure to do so may result in an enforcement <br />action. <br />