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Mr. Dan Hernandez October 19, 1989 Page 2 3. In order to get to the disturbed areas, Castle will have to remove berms along the access road. We believe that these berms should be removed by using a backhoe capable of pulling the berms away from the slope. If Castle uses a front-end loader in this process, it is likely to push many additional tons of rocks and crush material down the slope. 4. IE Castle is required to establish some larger trees as part of its CAP, the Division should instruct Castle to dig holes for the trees while its earthmoving equipment is working on the disturbed areas. These are items which each require immediate attention. We hope that you will consider them and discuss them with Castle as soon as possible. Again, the Lenders urge the Division to give careful consideration to each of the items listed on the objections which they filed with the Division yesterday. I have enclosed a copy of the objections for your convenience. The most important items to the Lenders are: 1. Revegetation efforts. See Objections 3(a-b) and 6. 2. Culvert HR-6. See Objection 4. Slope stability of Areas 2 and 3. See Objection 1. The Lenders' eleventh objection questions the wisdom of extending Castle's permit area to the so-called CAP boundaries. This objection has two parts. First, the Lenders do-understand why the CAP boundaries should exceed the disturbed area. The Lenders fear that by extending the boundaries, it allows Castle to destroy other vegetation well beyond the disturbed areas. Second, the Lenders understand~•'fhe the purpose Eor designating the corrective action boundaries is to define the terrain protected by the bond. The bond can be defined to apply to the corrective action boundaries without also including those areas in the original permit area. This is important in several regards. Some of the corrective action boundaries are on property owned by the Lenders. The Lenders will allow Castle to enter their property for reasonable periods solely for the purpose of repairing the disturbances. The Lenders are quite concerned that designating some of their property as part of Castle's permit area may hinder the Lenders' future development plans. Castle has not requested, and the Lenders have not given, permission for Castle to "permit" any property owned by the Lenders. This is a procedural matter which will not effect Castle's efforts to correct their violation. It can simply be resolved by requiring the bond to apply to certain defined areas. These areas should not also become part of the original permit area.