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Mr. Tom Schreiner May 25, 2005 Page 9 • The applicant must provide calculations demonstrating the sedimentation ponds aze designed and sized to prevent siltation and blockage of the existing Highway 119 culvert immediately downstream. • Mining operations must not adversely impact downstream aquatic life. • The applicant must show that the ponds are either adequately sized to handle sediment accumulations over the life of the mine, or a periodic maintenance plan should be required. • The design storm(s) to be passed must be identified, including peak velocities and volumes. • Calculations for sizing the diversion channels must also be provided, including channel configurations and channel bottom slopes. • A plan is required to be submitted as part of the DMG permit application showing how pH, total suspended solids, and oil & gease limits will be met. • A containment plan along with identification of specific spillprevention measures to be used must be provided by the applicant showing how compliance with the oil and grease discharge limit for the sedimentation ponds wiil be ensured. • The applicant must apply for and receive an approved, valid, Highway Access Permit from the County prior to initiating any operations. • The applicant must comply with MLRB Rule §6.3.12 by providing either (a) a notarized agreement between the Applicant and BHCCSD that the Applicant is to provide compensation for any damage to BHCCSD's sanitary sewer line; (b) an appropriate engineering evaluation that BHCCSD's sanitary sewer line will not be damaged by activities occurring at the mine; or (c) a notarized letter...fiom the BHCCSD that the mining and reclamation activities, as proposed, will have `no negative effect' on their utility". V. SITE RESTORATION Per the application: See Reclamation Plan (Exhibit E). Comment: The permit application is required to include a Reclamation Plan (MLRB Rules, §6.1.2). The plan must address numerous requirements. Much of the required information in the application is not sufficient to return the post-mining MMRR Quarry site to wildlife habitat. Ms. Denise Larson with ERO reviewed the applicant's proposed Reclamation Plan and provided a detailed list of comments and concerns regarding the plan in a letter to Ms. Katie Fendel dated May 25'", 2005. Ms. Carson's review of the permit application indicates the applicant's reclamation plan is inadequate to ensure the applicant's stated intent. Ms. Carson's comments regarding reclamation requirements are located on pages 2 and 3 of the letter. (attached) The permit should be denied because: LEONARD RICE ENGINEERS. INC.