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.- ~ i <br />allowed disturbance (50 acres) with on-site overburden material. The financial warranty <br />requirement shall be reduced (if necessary) when the operator submits adequate <br />documentation demonstrating that all water rights issues have been resolved along with a <br />request for a reduction of the bond. <br />The excavated overburden material must be stockpiled around the perimeter of the permit <br />area, for backfill purposes, until the water rights issues are resolved. After resolution of <br />water rights issues, the operator can use the overburden material as proposed in the permit <br />application (extending the flood control dike, etc.) or for any other purpose. <br />5) Exhibit D -The operator proposes to limit the affected land to 50 acres for bonding <br />purposes. However, nearly all of the 448 acre permit area will ultimately be disturbed. A <br />300 acre lake with shorelines (assuming water rights issues are resolved) and a riparian <br />azea will result from the mining activity. If water rights issues are not resolved, and the <br />operator wishes to use the overburden material on site to backfill the excavated azeas with <br />sufficient material to cover the exposed groundwater (versus importing backfill material <br />from another permitted mine site), the 300 acre lake would be eliminated and the operator <br />would only be allowed to mine 50 acres (since it takes approximately six (6) feet of <br />overburden from l92 acres to backfill 50 acres to one (1) foot above groundwater level. <br />An estimated total of 1,855,333 cubic yazds). <br />6) Exhibit E -The operator chooses to leave a lake for recreation and proposes to grade the <br />slopes to 3:1 from 5 feet above to 10 feet below the expected water line. This plan is <br />applicable where swimming is not allowed. If swimming will be allowed, the slopes must <br />be graded to S:l or less. Please address. <br />7) Exhibit G -Currently, the operator does not have an approved well permit or <br />augmentation plan to address evaporative losses from the proposed exposure of <br />groundwater. However, Water Resources has informed the DMG that a temporary <br />substitute supply plan will be issued in the near future but the permanent plan must be <br />issued by the Water Court. Since a temporary substitute supply plan will be approved by <br />Water Resources, the operator will be allowed to mine the pit as proposed in the mining <br />plan, but, as noted above, sufficient funds must be available in the bond to backfill the pit <br />to above groundwater level in the event the water rights issues are not permanently <br />resolved. <br />8) Exhibit N - A dated and notarized "Sand and Gravel lease" from the mineral owner, <br />C.R.Evans, to the Lessee (which appears to be Mineral Reserves, Inc.) must be submitted. <br />Also, the operator, Western Mobile Southern, Inc., a Subsidiary of Lafarge Corp., must <br />submit a document (access lease, deed, abstract of title or a current tax receipt) providing <br />the basis for legal right of entry to the site to conduct mining and reclamation pursuant to <br />the requirements of Rule 6.3.7. <br />According to the documents within the application package, Mineral Reserves, [nc. and <br />Westem Mobile Southern, [nc. are both subsidiaries of Lafazge Cotp. so it should not be <br />