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EXHIBIT C-MINING PLAN (Rule 6.3.3 (b)): The Exhibit C narrative reports topsoil at the site to range in thickness from 6 to 12 inches but does not clearly state what amount of topsoil you intend to salvage in conjunction with the mining operation. Please indicate what thickness of topsoil }'ou intend to salvage and stockpile, e.g. all available, 6 inches, 12 inches or ++'hat? (Please also see discussion of your response under Exhibit D-Reclamation Plan.) EXHIBIT C-MINING PLAN (Rule 6.3.3 (b)): The Division understands that you intend to salvage and stockpile topsoil for reclamation purposes. You have also illustrated on the Exhibit E-Mine Plan Map stockpiles for the shale overburden ++'hich is appropriate. There is, however, a confusing indication on the Exhibit E-Mine Plan Map that you plan to place topsoil and "saved din" [o~ether in a stockpile(s). If"saved dirt" means portions of the Cl' shale overburden material bet+veen the topsoil and the limestone to be extracted, this is not acceptable. Rules 3.1.9 (I) and 6.3.3 (b) specify that topsoil must be segregated from other spoil and topsoil stockpiles be separate from other stockpiles. Please indicate }•our a+vareness of these requirements and commit to salvage and stockpile topsoil separately from other materials removed as part of the extraction process. EXHIBIT C-MINING PLAN (Rule 6.3.3 (g)): The Division understands that you intend to construct a new access haul road to connect the mining operation with County Road 21 1. This new road has been made part of the proposed permit area, as it should be. You have, however, also proposed to construct the road's stream crossing out of the same overburden/shale material you are using to construct the road. This gives the Division some concern in that this t}'pe of material will have a relatively high poteptial to erode and add to the sediment load being Qlh carried by the stream. Furthermore, you have not, under Exhibit F, indicated contacting the U.S. Corps of Engineers in regard [o your placing fill in a natural drainaee. The Division would suggest that you consider using limestone aggregate to construct your stream crossing. If ho+rever, }'ou provide evidence of contacting the Carps of Engineers and that they have no problem ++'ith your placement of shalt' material in the stream bed for such a purpose, the Division will accept your proposal. EXHIBIT C-MINING PLAN (Rule 6.3.3 (k)): It is quite possible that you ++•ill not encounter and expose any refuse or acid or toxic producing materials during your minin, operation. This rule requires, ho++~ever, that you ~ describe ho++~ you ++~ill handle such materials if you do encounter such. Please respond to the requirerents of this Rule. EXHIBIT D-RECLAMATION PLAN (Rules 6.3.4 (1) (a) and (c) (i)): Your Exhibit C Mine Plan narrative indicates there is 6 to 12 inches of topsoil available at this site and from I to 2 feet of shale overburden. The SCD reclamation plan you have made part of the Exhibit D-Reclamation Plan indicates that 6 to I? inches of topsoil shall be replaced on the disturbed areas as pan of the reclamation effort. The volumes of topsoil and shale ~ proposed to be replaced under the Exhibit D-Reclamation Plan cost narrative convert to placement of 1 I inches of shale and 6+ inches of topsoil. The Exhibit E-Reclamation Plan Map, which must correlate with the Exhibit D- Reclamation Plan indicates, ho+vever, that only 4 to 6 inches of topsoil/overburden xvill be spread over the exca+'ated area prior to seeding. It is therefore not clear in your application just how much topsoil you are comminin_ to salvage and spread and ho++' much overburden, remaining front road and berm construction, you intend to distribute. As first referenced under Exhibit C (Rule 6.3.3 (bj discussion above, please decide just how much topsoil you intend to sah•aee and spread as well as how much shalt' overburden you estimate you will want to spread as part of the reclamation effort. Please include this information in a revised Exhibit,D. EXHIBIT D-RECLAMATION PLAN (Rules 6.3.4 (d)): The Division understands that the ne++'ly constructed road and the storm water ca¢hment berm are not intended to be reclaimed. Normally, the Division +vould require that any new roads made part of the approved permit area be reclaimed at the end of the operation ~~, unless it is apparent that they are compatible with the intended poso-mining land use and acceptable to the / landowner. The Division +eill accept that the road will not conflict with apost-mining land use of range land. Evidence, ho+vever, must be submined that the landowner agrees with your proposal to leave the new access/haul road. (1'ou could combine evidence of the landowner s approval with his ackno++•ledgement of your notifying him of [he subminal of your application as requested under NOTICES above.)