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future land use is wildlife habitat. Please provide a more diverse seed mixtwe that will <br />accommodate the post mining land use of wildlife habitat. The operator may wish to consult <br />with the Division of Wildlife (DOW) or the local National Resource Conservation Service <br />(NRCS) for a proposed seed mixtwe that is adequate for the site. <br />• Please provide a method of weed control that shall be employed for all prohibited noxious weed <br />species, and whenever invasion of a reclaimed area by other weed species seriously threatens the <br />development of the desired vegetation. <br />Rule 6.3.12 Exhibit L- Permanent Man-Made Structures <br />• The Division of Water Resowces, Office of the State Engineer (OSE) provided comments on the <br />conversion application. In particulaz, the OSE states that a Notice of Intent to Construct aNon- <br />Jurisdictional Water Impoundment Structure is required for storage. In addition, the OSE <br />requires that any water in the pit be removed within 72 hours. See attached letter for further <br />detail. Please demonstrate compliance with the requirements as noted by the OSE. <br />The Department of the Army Corps of Engineers provided comments on the conversion <br />application. The Army Corps states that work in a stream bed or wetland should be shown on a <br />map identifying the Quarter Section, Township, Range and County of the work and the <br />dimensions of work in each area. Any loss of stream bed or wetland may require mitigation. <br />Mitigation requirements will be determined during the Army Corps permitting review. See <br />attached letter for further detail. Please demonstrate compliance with the requirements as noted <br />by the Army Corps of Engineers. <br />4. Rule 6.3.12 Exhibit L- Permanent Man-Made Structwes <br />The operator states that there are no permanent man made shvctwes within 200 feet of the affected <br />area. However, it appears that CR 59, CR N and utility power lines aze within 200' of the affected <br />mining area. Please state the proximity from the pit to these structures. Tn order to mine within 200' <br />of a permanent man-made stmctwe, the applicant shall do one of the following; <br />provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is fo provide compensation for any damage to the structure, or <br />where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by activities <br />occurring at the mining operation, or <br />where such structwe is a utility, the applicant may supply a notarized letter, on utility letterhead, <br />from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have <br />"no negative effect" on their utility. <br />Please also ensure that all utility owners (i.e. gas, power, roads) are notified of the application in <br />accordance with Rule 1.6.2(1)(e)(ii), and submit proof in the form of returned receipts or proof of <br />personal services. <br />Please be advised that the Fryrear Pit #2 application may be deemed inadequate, and the application may <br />be denied on June 13, 2007 unless the above mentioned adequacy review items are addressed to the <br />satisfaction of the Division. If you feel more time is needed to complete yow reply, the Division can grant <br />an extension to the decision date. This will be done upon receipt of a written waiver of yow right to a <br />decision by June 13, 2007 and request for additional time. This must be received no later than the <br />deadline date. <br />