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Mr. ;loe Kurys Exhibit A - 2 - September 11, 1992 The problems the Division has in regard to what acreage is to be permitted, i.e. in the permit area, are not resolved. In your response, you have stated i;hat the 17 acres adjacent to the nursing home are not to be affected. Is this i:ract to be in the permit area nevertheless? In your response, you also stated i:hat the 4 acre tract north of Pond 1 will not be affected yet your Exhibit E maps Show that this tract, either 4 acres or larger, lying north of Pond 1 is i:he only tract to be affected. What is the Division to accept? You have, furthermore, not indicated your intention to exclude the 6 acre tract northwest of Pond 1 from the permit area yet you have repeatedly provided evidence of ownership/right of entry to this property as if it is to be in the permit eirea. Finally, you have not provided clear evidence of ownership to the 4 acre (or larger) tract immediately north of Pond 1 which you apparently intend to contain the affected area and may, by itself, comprise the permit area. 1"he applicant has to make clear what tracts are to be in the permit area and to provide a clear evidence of right of entry for those tracts. Exhit~it A (cont'd> The Division will accept as adequate the statement that the city owns all the <.urface rights adjacent to the tract north of Pond 1 and that the only land to tie affected by mining lies within that tract. (As indicated above, however, right of entry will have to be established for this tract). Exhit~it 6 ~Intil a description of the soil characteristics in the area of the proposed operation is received, the application cannot be approved. Exhit~it C In the adequacy response it is stated that approximately 6" of topsoil will be added to the top of the adobe. On the Exhibit E map supplied to illustrate the reclamation plan, it is still stated that an average thickness of 12" of topsoil will be replaced. The Division can accept that topsoil will be salvaged since stockpiles are now indicated on the Exhibit E map, but no commitment to stabilize these with vegetation has yet been made. The applicant should resolve the differences that appear in the application about the amount of topsoil to be salvaged and redistributed, i.e. change the narrative that says 6" or change the map that says 12". The applicant should also commit to stabilizing the topsoil stockpiles with vegetation if the material is not to be put to reclamation use in less than a growing season. Exhibit C (cont'd> The matter of whether overburden stockpiles will exist separately from topsoil stockpiles was not addressed in the adequacy response. Exhibit C (cont'd) Based on the copies or the Exhibit E maps provided in the adequacy response, the Di~i;ion will accept that all affected land, pits, stockpiles, etc., are confined to the tract of land north of Pond 1.