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were not previously aware, and is in the process of obtaining a waiver to Qwest's <br />comment period and a damage agreement between the operator and Qwest. <br />Additionally a new map depicting the utility line will be submitted. The applicant <br />intends to supply the Division with this information no later than June 1. If the <br />applicant fails to do so, the Division will require an extension to the <br />recommendation date and the pre-hearing conference. <br />5. This information was supplied in the first adequacy review response -see <br />attachment <br />6. Same as above <br />7. The applicant has proposed an operation that will not expose groundwater and has <br />drilled 3 monitoring wells at the site to determine that the groundwater is below <br />the proposed depth of mining. The shallowest "depth to water" in these three <br />wells was 16 ft. 11 in. Also see response from SEO. <br />8. The Division, in cooperation with the Division's attorney has concluded that the <br />issues related to the mineral rights and claims that minerals rights belong to a <br />party other than the operator/landowner, are inconclusive and that based on <br />current information submitted to the Division, the applicant has produced <br />adequate information related to right to enter and mine The material. The Division <br />still stands behind it's comments under section C. of the Rationale for <br />Recommendation. <br />9. The Division does not agree that the operator must fulfill the parameters under <br />this item and does not believe that the Act or the Rules and Regulations require <br />this. <br />The Division believes that all of the requests noted at the end of the request have been <br />fulfilled and the objector's attorney has had ample time to review all the materials and <br />to be prepared for the pre-hearing conference scheduled for June 2. <br />