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~. "The paragraph states that office and maintenance buildings exist and to our knowledge they do not exist and do not appear on an_v plan showing the existing buildings." (Diane & Thane ,Inclerson- September 21, 1998) DIvIG Response: The office and maintenance buildings are noted in the permit tent and included on flap #3, and this meets the minimum requirements of the Rules and Regulations. Whether they exist at the present time is irrelevant to the DivIG permitting process. 6. "There is no documentation submitted with this application as required by the Rules and Regulation providing proof of ownership of surface or mineral rights. The deed presented in this packet is irrelevant to the ownership rights. In addition, the relevant deed on record does not grant mineral ownership rights to the applicant." (Dinne & Thane Anderson- September 21, 1998) DMG Response: The applicant provided proof of ownership of the surface and mineral rights for the proposed mining location. DMG must accept a good faith showing of legal right to enter and mine the materials and cannot determine property rights. Exhibit E. Reclamntion Plan 7. "Is the statement in this pazagraph regazding "absence of slope" consistent with the reclamation plan of final slope of 3:1?" (Diane & Thane Anderson- September 21, /998) DMG Response: The Division believes the statement "absence of slope" is consistent with the proposed reclamation plan in the text and Ivfap #4. 8. "The statement is not clear on whether willows, narrowleaf cottonwoods, and other wetland species will be planted on reseeded sites." (Diane & Thane Anderson- September 21, 1998) DIvfG Response: The applicant provided a seedmix for the wetland azeas which consist of the following; Reed Canarygrass (~#PLS/acre), Tall Fescue (~#PLS/acre), Redtop (~#PLS/acre) and Strawberry Clover (5#PLS/acre). Willows, Nanowleaf Cottonwoods and other wetland species will be planted along the perimeter of the two proposed wetland sites at a density of one plant every one- hundred feet. 9. "The 2"° sentence in this pazagraph is unintelligible. The reclamation of the dewatering ditches needs to be clarified. (Diane & Thane .I nderson- September 21, 1998) DMG Response: Reclamation of the dewatering ditches is addressed in Exhibit E, item #~. The overburden generated from the initial mining blocks will be used to backfill the highwall and the dewatering ditches. The overburden will be placed over the mined area to a final slope of 3h:ly. t0. "Final Shoreline Configuration. We question whether the Reclamation Plan is adequate for the wetlands areas. When no water is in the ponds, the surface will be muddy or dry and cracked or dusty." (Dinne & Thane Anderson- September 2/, 1998) 3