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• <br />RECLAMATION COST ESTIMATE <br />1. If the Exhibit L calculations deal only with the Easi Lake, the Divisions comment was due to <br />confusion caused by the pumping time calculations which indicate pumping time is for the West Lake. <br />The Division has no verification that the West Lake slopes have been reduced to the required 3h:1v from <br />5 feet above to 10 feet below the expected water level. The application maps show that the west bank <br />of this lake is currently at approximate 1.5h:1 v slope. Additionally, the West Lake will need to be <br />dewatered completely for creation of the island. Therefore, the dewatering cost estimate will need to <br />include the costs for dewatering the entire West Lake and the upper 14 feet of the East Lake. Please <br />revise these calculations accordingly. <br />2. The pump to be selected for the cost estimate will be chosen upon finalization of the reclamation <br />plan adequacy review. Most likely we will use a 5,833gpm. diesel powered pump which costs <br />535.87/hr. to operate. <br />OTHER PERMITS <br />1. Response adequate. <br />2. Response adequate. <br />3. Response adequate. <br />LEGAL RIGHT TO ENTER <br />1. Though not specified in Rule 6.4.14, the acceptable sources of legal right to enter are listed in Rule <br />6.3.7. Rule 6.4.14 requires submittal of "the source of the operator/applicant's legal right to enter..." <br />A one-party agreement, signed by the operator, stating that they have legal right to enter, does not <br />satisfy this requirement, nor does a statement that indicates what the operator's legal right of entry is. <br />If, in the past, other Environmental Protection Specialist's overlooked or mistakenly approved use of this <br />type of documentation to prove right of entry, it does not mean that I must continue the error for the <br />sake of consistency. As far as 1 know, the documentation submitted with this application to prove right <br />of entry has never been adequate to satisfy the Rules or the Act. <br />Please submit the information required in my original comment. Refusal to do so will result in denial of <br />the application. <br />If you would like to list the permit numbers of the applications you mentioned, I will try to notify the <br />appropriate permitting specialists of the problem so the non-compliance can be corrected. <br />ADJACENT LANDOWNERS <br />1. Response adequate. <br />PROOF OF NOTIFICATION <br />1. Please review Rule 1.6.2(1){g) and provide the Division with the required proof of notification. The <br />return receipt card for the County Commissioners was not included in the adequacy review response <br />package as indicated. <br />