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EXHIBIT C-MINING PLAN (Rule 633 (b)): The Exhibit C narrative reports topsoil at the site to range in thickness from 6 to t2 inches but does not clearly state what amount of topsoil you intend to salvage in conjunction ++'ith the mining operation. Please indicate what thickness of topsoil }'ou intend to salvage and stockpile, e.g. all available, 6 inches, 12 inches or what? (Please also see discussion of }'our response under Exhibit D-Reclamation Plan.) EXHIBIT C-MINING PLAN (Rule 63.3 (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 which is appropriate. There is, however, a confusing indication on the Exhibit E-Mine Plan Map that you plan to place topsoil and "saved dirt' together in a stockpile(s). If"saved dirt" means portions of the shale overburden material between the topsoil and the limestone [o 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 awareness of these requirements and commit to salvage and stockpile topsoil separatel}' from other materials removed as pan of the extraction process. EXHIBIT C-MINING PLAN (Rule 6.3.3 (g)): The Division understands that }'ou intend to construct a ne++' 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 }'ou are using to construct the road. This gives the Division some concern in that this h'pe of material will have a relatively high potential to erode and add to the sediment load being carried by the stream. Furthermore, you have not, under Exhibit F, indicated contacting [he U.S. Corps of Engineers in regard to your placing fill in a natural drainage. The Division +vould suggest that you consider using limestone a„egate to construct }'our stream crossing. If however, you provide evidence of contacting the Corps of Engineers and that they have no problem +vith 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 [hat you will not encounter and expose an}' refuse or acid or toxic producing materials during }'our mining operation. This rule requires, ito++~ever, that you describe ho++~ you will handle such materials if you do encounter such. Please respond to the requirements 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 1 to 2 feet of shale overburden. The SCD reclamation plan you have made part of the Exhibit D-Reclamation Plan indicates that 6 to 12 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, +vhich must correlate with the Exhibit D- Reclamation Plan indicates, however, that only 4 to 6 inches of topsoil/overburden will be spread over the excavated area prior to seeding. It is therefore not clear in }'our application just how much topsoil you are committing to salvage and spread and how much overburden, remaining from road and berm construction, you intend to distribute. As first referenced under Exhibit C (Rule 63.3 (b) discussion above, please decidejus[ how much topsoil you inend to salvage and spread as well as hou~ much shalt' overburden you estimate you will +vant to spread as pan of the reclamation effon. Please include this infomtation in a revised Exhibit D. EXHIBIT D-RECLAMATION PLAN (Rules 6.3.4 (d)): The Division understands that the newly constructed road and the storm water catchment bemt are not intended to be reclaimed. Normalh', the Division would require that any new roads made pan of the approved permit area be reclaimed at the end of the operation unless it is apparent that they are compatible +vith the intended post-mining land use and acceptable to the lando+vner. Thz Division Hill accept that the road +t ill not conFlict +vith apost-mining land use of range land. Evidence, however. must be submitted that the lando++'ner agrees ++'ith }'our proposal to leave the new access/haul road. (1'ou could combine evidence of the lando++ner's approval with his acknowledgement of your notifying him of the subminal of your application as requested under NOTICES above.)