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ENVIRONMENT, INC. PAGE 4 <br /> L.G. EVERIST, INC.-WEST FARM RESERVOIR ADEQUACY RESPONSE 01 <br /> MAY 23, 2023 <br /> shale from the mine floor that is suitable of that purpose. The Mining and Reclamation <br /> Plans and Exhibit L - Reclamation Cost Estimate have been revised to explain this change, <br /> 9) The last sentence on PI states that "...the responsibility for weed control and <br /> agricultural area maintenance is retained by the landowners". Please remove this <br /> statement. Weed control, site maintenance, and accountability for other activities <br /> occurring within the permit area, is the responsibility of the permittee. This <br /> statement will also need to be removed from P21. <br /> LGE understands they are the responsible party for activities on the permit area. These <br /> statements have been removed from Pages 13 & 21 and copies of the revised pages are <br /> enclosed. <br /> 10) Changes to the mining sequence shown in the provided plan will need to be <br /> approved through the Technical Revision process -please acknowledge. <br /> LGE understands they are responsible for filing a Technical Revision if any changes are <br /> made to the mining sequences in the provided plan. <br /> 11) The operator will be required to remove all constructed berms unless otherwise <br /> specified in the reclamation plan during final reclamation -please acknowledge. <br /> L.G. Everist, Inc. agrees that all berms constructed along the setbacks or the mining area <br /> will be removed during reclamation. <br /> 12) Please provide USACE documentation supporting the statement on P14 of the <br /> provided mining plan, as well as in Exhibits J and M, that no jurisdictional <br /> wetlands are present on the site. This statement also seems to conflict with the <br /> following sentence which states that the irrigation return flow ditch on the west <br /> side of Phases 1 and 2 IS jurisdictional and must remain. Please clarify. <br /> Attached is a copy of the Jurisdictional Determination (JD) showing there are no <br /> wetlands on the permit area. There are 3 ditches that have been determined to be <br /> jurisdictional and would need a permit if disturbed. These ditches are not considered <br /> wetlands but rather "Water of the US". The western ditch, which flows between Phases <br /> 1 and 4 (south of CR 32.5) and Phases 2 and 3 (north of CR 32.5) will remain along the <br /> base of the upland area. The eastern two ditches, run parallel to the old railroad <br /> embankment (south of CR 32.5), and serve as part of the irrigation return flow drain for <br /> the Abbett Farm to the south. The southern part of the irrigation return ditch is not <br /> jurisdictional for the first 800 feet ± from the south permit boundary. This 800 foot <br /> section is dry unless irrigation is taking place on the property to the south. LGE has <br /> received a USACE Regional General Permit 5 for relocation of a section of the eastern <br /> ditch. This Corps approval allows LGE to relocate the ditch outside the proposed slurry <br />