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200 feet of the permit/affected land boundary. If the proposed permit area is intended to be limited to the SE'/+ NW '/. of Section 7 but lies within 2lN) feet of adjacent property indicated to be owned by someone other than the Allens, that adjacem owner(s) should be idemified on the map and evidence of notifying this adjacent owner(s) uF the application should be provided prior to the decision date for the application. If the proposed permit area is intended to be limited to the SE'/. NW '/+ and you agree that the permit area is not accurately located on the application maps, then a revised Exhibit A and revised Exhibit E mops should be provided with the proposed permit area correctly located. If the proposed permit area is nut intended to be limited to the SE'/+ NW !~i of Section 7, then ownership of the surface and subsurface rights to the NE'/+ SW '/+ of Section 7, into which the permit area apparently extends, should be identified, together with the Allens, on Page 2 of the application form and a right of entry onto this property for mining purposes must be included in Exhibit G of this application. EXHIBIT B (Rule 6.3.2 (b)): The application narrative states that there are no significant man-made structures within 200 feet of the permit/affected land boundary. Fences qualify as such structures and are often overlooked in permit applications. There is a map (See copy attached to this review.) in the file for the nearby Ellis Allen Pit (Permit M-84-I85) operated by Lincoln County which seems to indicate the presence of a fence just northeast of the proposed permit area for the Broken Spear Pit. Please confirm that there is no fence located northeast of and within 200 feet of the proposed permit/affected land boundary. If there is, the various maps in the application should be revised and the owner of the fence identified. EXHIBIT C (Rule 6.3.3 (b)): There is nothing in the application narrative [hat indicates if the topsoil salvaged from the pit margins will be used in reclamation immediately after salvage or if it will be stockpiled and. therefore, require stabilization until put to reclamation use. Please indicate if the salvaged topsoil will be used for reclamation purposes immediately after stripping or - if it is intended to stockpile this resotuce. If stockpiling is intended, please commit to stabilizing the stockpile(s), indicate how this will be accomplished and provide a revised Exhibit E-Mining Plan Map that indicates where the topsoil stockpile(s) will be located. EXHIBIT C (Rule 6.3.3 (c)): The application indicates that there is overburden material in the pit banks that may range up to 3 fee[ in thickness and that [his material may be used in the "backsloping'", presumably as part of [he shaping of the banks prior to topsoiling. There is, however, no indication in the application if stripping of this overburden and its stockpiling are intended prior [o "backsloping'". There are no overburden stockpiles indicated on the Exhibit E-Mining Plan Map. Please indicate if stripping and stockpiling of overburden material aze intended. If they are, provide a revised Exhibit E-Mining Plan Map that locates the intended overburden s[ockpiles(s). EXHIBIT C (Rules 6.3.3 (e) and (g)): The Exhibit A and Exhibit E maps show only a single haul road for the proposed pit yet mention is made of the use of a "Lincoln County gravel pit road" in part. The Division will accept the existence of a haul road [o the Lincoln County pi4 but the relationship of the haul road to the proposed pit and the haul road to the Lincoln County Pit is not illustrated on the Exhibit A and Exhibit E maps. While the portion of the haul road leading [o the proposed Broken Spear pit is referred to as a ranch road, implying it is an existing road, this portion of the road does end a[ [he pit and appears intended to serve primarily as an access haul road for the pit. Please illustrate the relationship of the haul road for the proposed pit and the "Lincoln County gravel pit road" on revised Exhibit A and Exhibit E maps and confirm [hat the portion of the haul road leading directly to the proposed pi[ is an existing ranch road. EXHIBIT C (Rule 6.3.3 (j)): The Exhibit C narrative indicates that a Corps of Engineers 404 Permit will be acquired and that it is the applicant s belief that this will eliminate any need for a Storm Water Discharge Permit from the WQCD. There is, however, no evidence that contact is intended with the WQCD to confirm this. Please commit to contacting the WQCD and confirming this assumption. EXHIBIT C (Rule 6.3.3 (k)): The Exhibit C nazrative says that "No refuse, acid-forming or toxic materials will be involved in this operation". The Rule, however, requires a description of how such shall be handled if encountered and not whether such materials are expected to be encountered. Please satisfy the requirements of the Rule.