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EXHIBIT D (Rule 6.3.4 (I) (a)): The Exhibit C nartative states that "Overburden un the pit banks can range up to 3', and may be used in backsluping'". Tht Exhibit D narrative. however. indicates that there will be "little or no removal of any overburden". There is .something of an inconsistency between these statements in regard to the removal and use to be made oFuverburden at the site. Please indicate the conditions under which the removal of overburden may occur and, in consideration of these, estimate how much will be removed and when it may be replaced. EXHIBIT D (Rule 6.3.4 (I) (f)): The Division will accept the applicant's estimate of the cost of reclaiming the pit at the conclusion of mining, i.e. $9,671.00. The applicant will now need to submit that amount in an acceptable form in order that a permit for the operation be issued. (Also see discussion of Performance and Financial Warranties at the beginning of this review.) Please indicate the form of financial warranty intended for use and the Division will send the proper forms. EXHIBIT E (Rule 6.3.5 (2) (c )): As indicated in the somewhat lengthy discussion under Exhibit A, there is some concern on the Division's pan that the names of all owners of record of the surface and subsurface of the affected area or of adjacent surface land and structures within 200 feet of the affected area have not been identified on the Exhibit A and the Exhibit E maps supplied with the application and/or in the application narrative. This may simply be the result of a misunderstanding about [he location of the permit area on the various maps. (Please see discussion under Exhibit A.) However, the locations of [he topsoil and any intended overburden stockpiles are not illustrated or identified on the Exhibit E Mining Plan Map, as submitted. In addition, as previously mentioned, the enclosed map, copied from the file of the Lincoln County pit in the NW '/. NW '/a Section 7, shows a fence situated immediately north east of the pit boundary, a fence that admittedly may or may not still be present. - Please provide appropriately revised Exhibit A and Exhibit E maps and/or application narrative, as indicated under the Exhibit A discussion. The corrected maps should include locations of topsoil and any intended overburden stockpiles and of any fence immediately northeast of the proposed permit azea together with the identity of the fence owner. EXHIBIT F (Rule 6.3.6): Please see discussion under Exhibit C (Rule 6.6.3 (j)). Please add a commitment to this Exhibit to contact [he WQCD to determine if a 404 permit would, as assumed, eliminate the need for a Stormwater Discharge Permit from that agency and advise the Division the outcome of that contact. EXHIBIT G (Rule 6.3.7): The applicant has provided evidence of owning the NW I/4 and SE I/4 of Section 7. Inadvertent or not, the location of the proposed permit area on the Exhibit A and Exhibit E maps appears to indicate the pit extends into the IVE'h SW I/4 Section 7 which may no[ be owned by the Allens. (Please see discussion of this problem under Exhibit A.) if it is intended that the pit extend into the NE'/. SW'/. of Section 7, please provide evidence that the Allens also own the NE'h SW '/. and, therefore, are the owners of record of all the surface and subsurface of the land to be affected by the proposed mining operation. If the Allens do not own the NE'/. SW '/., then indicate who the owner is and provide evidence, for [his Exhibit, that the Allens have a legal right to enter and mine on that portion of the proposed permit area, etc. Alternatively, if there has simply been a misunderstanding about the location of the proposed permit area, provide suitably revised Exhibit A and Exhibit E maps with the permit area properly located and comply with the remainder of the requirements outlined in the Exhibit A discussion, as applicable. EXHIBIT 1(Rule 6.3.10): Evidence has been provided that the required notices of the application have been sent to the Board of County Commissioners and the Board of Supervisors of the local Soil Conservation District. At this time, however, evidence of [he receipt of these notices has not been provided. As indicated previously in this review, please provide evidence of the receipt of these notices prior [o the decision date for this application.