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Nr. Leroy Belt -2- arch 7, 1984 2. The first line of the legal description contains the follows g: " ... located 1n the SM 1/4 and NW 1/4 SE 1/4 Section 21, ...". T is phrase is confusing for the following reasons: (a) There are two possible interpretations of this phrase. The first 15 that 1t refers to a portion of the SM 1/4 of Section 21 a d a portion of the NM 1/4 of the SE 1/4 of Section 27. The second 1s th t 1t refers to two quarter quarter sections within Section 21; and these would be the SM 1/4 of the SE 1/4 and the NM 1/4 of the SE 1/4. The orrect interpretation between these two (or another correct interpr tation) should be specified. (b) An examination of your maps seems to show that the prop sed permit area lies entirely within portions of the SN 1/4, and any re erences to the SE 1/4 are in error. This may be due to the fact that t 15 legal description was adapted from the legal description given in our deed for the larger area owner. Please clarify the legal description, rewriting it as n cessary. Exhibit B 1. Given the intermittent nature of this operation, 1n order to avoid confusion later on as to a possible need to go into temporary cess tion, please state 1f this operation is to be worked less than 180 days er year. 2. Given the scarcity of topsoil on the site, I suggest you mak a clear cornnitment to salvage all available topsoil remaining 1n the perms area, even \ /1f its composition is less than ideal. Your proposal to supplemen the /X\topsoil with crusher floes 1s a good one. W111 these materials be stockpiled with the topsoil and treated in a like manner (stabilized by plant ng, for example)? 3. Your seeding Information from the Soil Conservation Service oes not speak to a stabilization mixture for topsoil stockpiles. You may ish to go back to the SCS and ask for a recommendation. One suggestion is W stern wheatgrass (since it is a component of your reclamation seeding mt ture) at a drilled rate of 76 lbs. PLS/acre. Please clarify your plans in th s matter. (These stockpiles must be stabilized by planting.) 4. Is an asphalt hot plant to be planned for this site? If so, Its location should be specified. Details concerning the plant should also be given. Exhibit D Mater Resources (a). Your comment concerning the depth of ground water 1s of some / concern. If ground water 15 exposed during mining and/or in IX\ reclamation, a water right rt~ay be required. I suggest that ou contact the office of the Division of Mater Resources to make sure t at this is not a water rights Issue. Please clarify this matter furthe .