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Page 8 Keith Kirk, Mike McCarthy January 2, 1980 38. Section 816.156 (Roads: Class I: Restoration) - The applicant should indicate the expected volume of spoil that will be removed from the fills and where this material will be returned to. 39. Section 816.156 (b) - Asking for a variance. G. Special Performance Standards (Part 819 - Auger Mining) - The applicant states that auger mining methods will be utilized at the site and is therefore required to submit information which demonstrates compliance with this section. The application currently does not address this section. H. Miscellaneous Information 1. The applicant must submit proof of publication in order for the staff to recommend approval for the application. 2. The application must contain the return receipts from the notified adjacent landowners. 3. On Map Ol3 it appears that the adjacent landowner on the southern boundary has been left off of the map. Other areas also do not appear to have the adjacent landowner identified. 4. The permit term is not consistently indicated throughout the text. In one section it is referred to as five years while in others it is referred to as eight years. This should be clarified. 5. The application review was mainly oriented towards the future mining operation, and how this application demonstrates that this mining will be in compliance with the applicable regulations. I must advise that I did not critically review how the older mining areas were being in- corporated into this plan. I will again review the application to make sure that all the stipulations (if any) attached to previously approved permits are included in this application. The applicant could search his files and submit any permit conditions which are pertinent to this application. For example, no information is given in regards to the fill being constructed from the 16284 box cut spoil. Also, the 'applicant should indicate what areas fall under the 1973 and 1976 Colorado laws. 6. The application calls for a 100' buffer zone along Foidel Creek, while coal lease OIE-22644 calls for a 200' buffer zone. Please clarify. Also, special stipulation (g) indicates no channel encroachment or relocation will be permitted on either the Foidel Creek drainage or Fish Creek. This automatically limits the placement of Excess Overburden Stockpile ll2 to option a.