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M-91-097/CN-Of First adequacy letter 1 1/25/98 page 6 lease a half acre or more. There is evidence that the pond was created as a result of the nuning activity of a previous operator or landowner. If the water rights for such a pond do not presently exist, please commit to inquiring now about the need for a gravel pit well permit or augmentation plan, rather than waiting until Phase 2a begins. Exhibit H -Wildlife Information Rule 6.4.8(?) states that DOW shall comment on the application prior to the Division's decision. The materials you submitted are not from DOW, btrt originated through Brian Wilson's research. The submittal for this exhibit appears to adequately address all requirements of the rule. It should be noted that the applicant has requested information from DOW and this Division (DMG) has sent notice and application materials to DOW, and no comment has been received. At this time this exhibit is considered to be adequate. If there is any type of adverse public comment an additional attempt to obtain feedback from DOW may be required to fitrther satisfy this exhibit. Exhibit I -Soils Information The soil descriptions included herein state that there is a distinct break in color and texture for the A horizon (topsoil). This indicates that, barring extreme site-specific differences between the soils present and those described in the text, quality topsoil exists and should be easily discerned even from the cab of a scraper or dozer. The operator's commitment to salvaging a specific depth or volume of topsoil has been solicited by the Division elsewhere in this letter. This exhibit is considered adequate. Exhibit M -Other Permits and Licenses This exhibit is very complete, but I have a small question. There was a reference herein to a BLM Free Use Permit, information for which was to be found in Exhibit N. I cannot find it. Exhibit S -Significant Structures You list herein the electric line and poles, the ditches and canal, and Highway 550, and name the owners of each. I have asked for clarification of the two ditches (#1 and #2) earlier in this letter. The question of the highway r-o-w fence should be answered here too. The existing and imminent mining activity is near or at the edge of most of these structures, and a damage agreement is required. See Rule 6.4.19(a) which specifies the need for a notarized agreement between the owner and applicant. If any agreements exist, please provide copy of them. Also, please ensure that each owner of the structure, easement or land will be sent a notice, as described in the application form. (There was an extra set of pages of exhibit materials, which seem to be of an earlier version, being labeled "Revision #1. I will consider them in my review if you so instruct me; at present 1 assume that they are not relevant.)