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,.. Mr. Michael Long 2 January 21, 1994 Our original permit application was submitted in 1977, although the area had been mined since 1956. The original permit application had an aerial photograph at the beginning of the application showing the existing clay pit and roads. This aerial photograph shows the pre-law affected area, and is inconsistent with the topographical map in the same application. The aerial photograph was, and is, an accurate depiction of the affected area, except that it of course does not show where mining and reclamation has taken place since the original permit application. However, the roads and general boundaries of the pit are the same now as they were at the time of the aerial photograph. The top of the aerial photograph is approximately east, and the east, west and north boundaries of the current pit are identical to the east, west and north boundaries shown in the aerial photograph. The mining plan has not been altered since the original permit application, because the BLM has requested that Summit mine the hill which is in the lower right hand corner of the aerial photograph from the north to south, in order to minimize visibility from the road to the south. The consultant that prepared the topographical map advised Summit at the time that all mining, stockpiling and other activities related to this pit should take place to the west of the westerly road in the "loop", and to stay south of the hill on the north side of the pit area, and all of the mining activities have been confined to that area since 1977. For information purposes, the stock pond shown in the aerial photograph was subsequently filled in with the permission of the BLM and Mr. Chess. The legal description of the affected area in the permit application was designated as 9.9 acres contained in the specific quarter quarter sections involved. The topographical map included was intended to show the existing pit area and then show the sequential mining of the hill in the aerial photograph. The affected area includes both private ownership and federal ownership, and requires some explanation. The affected area straddles the line between the NE1/4 NE1/4 and the NW1/4 NE1/4 of Section 35. The NE1/4 NE1/4, where the problems noted by Mr. Oehler are located, is privately owned by the Gately-Chess family and Summit's original mining operations were under an agreement with the Gately-Chess family. The BLM subsequently resurveyed the area, resulting in an easterly relocation of the boundary line between these two quarter sections, and at that point determined that Summit's mining activity was taking place on the NW1/4 NE1/4