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<br /> <br />As indicated earlier in this letter, if the overburden is to <br />be placed on. the sides of roads, the Division needs to know <br />_p,A~ which roads are involved. If the access road is to be widened <br />~(1i(~Y,~.~'~ in this way, then it is being improved as part of the mining <br />~\ operation and should be part of the permit area--whether or <br />not it is to be reclaimed after the mining is completed. <br />Please indicate if the access road is to be widened by means <br />of the overburden and, if it is, provide maps that include the <br />access road in the permit area and a new estimate of the size <br />of the permit area on Page 1 of the application. <br />The Exhibit E2, presumably the Reclamation Plan Map, contains <br />mention of the intended gradient of the reclaimed slopes but <br />„a~y~j~ ~4'~ the map does not indicate the direction. In the absence of <br />~I~Nt'1,Y,1J1 f/•~ any contours or other indicators, the Division is unable to <br />W determine what the post mining topography will be. Please <br />„k1 indicate the direction, on the map, of the reclaimed 3:1 <br />1~ slopes of the pit. <br />EXHIBIT G-Source of Leaal Right to Enter: A copy of the Sand <br />and Gravel Lease Agreement is included in the application but <br />the tract of land is not described in the lease other than by <br />reference to an "Exhibit A". Exhibit A from the lease is not <br />0 included in Exhibit G of the application and is the only means <br />by which the Division can be sure that the Lease Agreement <br />pertains to the proposed permit area. Please provide copies <br />of Exhibit A from the Lease Agreement. <br />k <br />The Lease Agreement contains no reference to any right to <br />enter the property for purposes of reclamation. The Mineral <br />Rules themselves only require evidence of a right to enter and <br />mine. The Performance warranty, however, which the applicant <br />must sign and have notarized before a permit is issued (Copy <br />Attached), includes a promise that the operator has lawful <br />authority to enter upon the land to conduct mining, including, <br />but not limited to, reclamation. It has been the Division's <br />experience that over a period of time, if relations with a <br />land owner deteriorate or the land is sold or the land owner <br />dies, that, absent an agreement that includes the right to <br />enter and reclaim, operators have, in some cases, encountered <br />difficulty in doing so. The Division advises the applicant to <br />protect itself and include in the Lease Agreement the right to <br />enter the property for purposes of reclamation. <br />The decision date for this application has been set at April 13, <br />1995. Please respond to the above issues well in advance of that <br />date in order that the response can be reviewed and approval of the <br />application can be considered at that time. Please also provide <br />evidence of the publication of the newspaper notice required by <br />Rule 1.6.1. I have also included an copy of the Performance <br />Warranty form referred to earlier in the review. This form will <br />also have to be signed and nortarized before any permit can be <br />issued. <br />