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and reclamation plan to be consistent with these 3 areas. The Division does not find this to be evident in the proposed mining and reclamation plan. There aze two (2) primary options for bonding at the Stroh Pit: 1) the operator may elect to bond for the entire disturbance expected at the Stroh Pit throughout the life of mine, or 2) the operator may elect a "phased" bond approach where the mine and reclamation plans are designed in specific phases and a specific reclamation cost is associated with each phase of the operation. The phased bond approach will require that the applicant provide a description of the maximum disturbance expected for each phase of the operation, and an itemized reclamation cost for each phase based on the maximum disturbance expected. In the case of the Stroh Pit, it appeazs that mining will occur in two (2) distinct zones: north and south. It also appears from review of the reclamation plan, that there could also be an east phase and a west phase of mining with the two phases separated by the 8-inch high pressure pipeline. Typically, the Division would require a 100% installation cost for each of the 48-acre and 15-acre clay/shale liners and it would seem reasonable to include all of the 48-acre pond in one phase and all of the 15-acre pond in a different phase. However, the Division may consider a plan for concurrent lining for each pit or "phase". A concurrent lining plan will require rigorous testing and reporting requirements and upon satisfactory completion of a segment of liner, the operator may become eligible for a 20% installation cost vs. the 100% installation cost required initially. For further information on designing and submitting a phased mine and reclamation plan, please contact Tom Schreiner. For further information on submittal and bonding for a concurrent lining plan, please contact Allen Sorenson. The Division will consider a request for a phased approach and/or a concurrent lining plan to be a revision to the application, which may result in a revised decision date. Please respond with how the applicant intends to bond for mining disturbances at the Stroh Pit. 17. Please revise the topsoil replacement cost based on a replacement depth of 2' for all acreage to be topsoiled and revegetated. 18. The de-watering cost should be revised to include the cost to completely de-water each pit or pond area assuming a "worst case" scenario where the pond is not completely backfilled, graded, and lined, and where the pond will fill with water in the absence of active de-watering pumps. Please respond. 6.4.19 EXHII3IT S -Permanent Man-made Structures 19. Review of the permit application indicates two (2) significant and permanent man-made structures of concern, not owned by Coulson Excavating Company, Inc., where mining will occur within 200 feet of each structure. Exhibit C -Mining Plan Map indicates approximately 150 lineaz feet of the Hillsboro Ditch that are within 200 feet of the proposed excavation. Exhibit C also indicates a 50 foot setback on either side of an 8-inch diameter, high pressure, liquids petroleum pipeline that runs north-south throughout the permit area. (Attached is a copy of a letter of concem dated September 3, 2002 from Dale Smith of Kaneb Pipe Line Company where Mr. Smith requests a written agreement between Kaneb and Coulson Excavating Company, Inc.). In accordance with Rule 6.4.19, the Division requests that the applicant provide the following for each structure: a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the stmcture . In the event that a notarized agreement cannot be reached for either or both structures, you will need to provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Allen Sorenson of the Division is currently evaluating the stability analysis provided and will forward review comments as soon as they become available. Please provide a notarized agreement for each structure, or indicate if such an agreement cannot be reached.