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<br />The third item was a letter to Mr. Johnston, the operator, <br />from Impact, Ltd. dealing with the MLRB definition of "af- <br />fected lands". Unfortunately at the MLRB hearing held <br />October 27, 1977, the Board defined "affected lands" as any <br />lands used for a mining operation including haul roads, stock <br />outs, etc. This prohibits you from using previously mined ar- <br />eas unless you wish those included in your 9.9 acre limited <br />impact area restriction. In order to maximize the amount of <br />minable resource permitted under your application, we have <br />suggested on the attached map, the area we would recommend <br />permitting. If you agree with permitting the shaded area, <br />please initial the drawing." (The map is attached as used <br />far the permit area.) <br />The original permittee, Edward F. Johnston of Red Mountain <br />Clay Co., verified that the stockpile of topsoil and caprock <br />that was an item of concern in your inspection was in place <br />pre-law and pre-permit. Mr. Welte of Summit Brick also <br />verified this. That is the reason for the semicircle <br />outparcel at the northeast portion of the permit area. <br />Mr. Welte reviewed his personal notes from Mr. Dillie"s in- <br />spection of 3/16/94 about use of the stockpile in <br />reclamation. Mr. Dillie said it could be used in reclamation <br />outside the permit area if the operator wants to do extra <br />work, but it cannot be used inside the permit area without <br />doing some permit revision. <br />In regard to the items of temporary cessation, a copy of the <br />original Mining Plan, Exhibit B is attached which states in <br />the highlighted portions that: "Mining operations at this pit <br />are intermittent and occur not more than 90 days of the year <br />and only as this clay type is needed by the brick factory in <br />their operation." I believe that this fulfills the require- <br />ment that the application should so state if the mine will be <br />in operation less than 180 days per year. <br />i <br />I would hope that this information clears up the discrepan- <br />cies you got from not complete, accurate information on my <br />part, and eliminates any reason for a NOV. <br />Cordially, <br />Llo d V. "Huck" Barnhart <br />Consultant and Agent <br />Summit Brick and Tile <br />LVB/gb <br />Encls. <br />cc: Summit <br />Geddes <br />