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Incidental Boundary Change 8) The Division noted that some of the areas that NCIG proposed to exclude from the permit area vis a vis an incidental boundary change included areas that have been disturbed and cannot, therefore, be excluded from the permit area. From Figure 4.7-1, it appeazs that one of the areas proposed for removal from the permit area includes a topsoil stockpile. This removal cannot be allowed, because the area has been disturbed. Figure 4.7-1 should be revised accordingly. In addition, the text still proposes to exclude the Lacy Loadout from the permit area. The Division indicated that, because the only disturbance here was the installation of a groundwater monitoring well, that the loadout could be excluded from the permit area if NCIG provided a letter from the landowner indicating that he desired to keep the well. However, in a subsequent telephone conversation, you indicated to the Division that the landowner had responded to your request by indicating that he wants the well removed. Therefore, the text should be changed to reflect that the Lacy Loadout is still included within the permit area. Sediment Control & Sur[ace Water Hydrology 9) The Division requested that NCIG commit to mamtaining sediment control on the stockpile areas until vegetation is established, or until a "no additional solids" demonstration can be made. This request has not been addressed by NCIG and should be included in the text. 10) The Division requested that NCIG commit to maintaining the currently approved drainage plan during the reclamation and over the liability period. This request has not been addressed by NCIG and should be included in the text. 11) The Division requested that NCIG submit a map and cross section depicting the Portal #1 Reclamation Channel, as required by Rule 2.05.3(3)(b), and so that the Division can verify compliance with Rule 4.05.3. NCIG did not address this request. Please do so. 12) The Division requested that NCIG clarity how all runoff will reach the sediment pond. Ditch locations and sizes should be specified, including the proposed Vulcan Ditch extension. This request was not addressed. 13) The response to this comment is adequate.