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was required to provide notice to Robert Cargill and the Cargill Family Trust. The Division received documentation that the Applicant supplied notice to Robert Cargill of the permit application on July 12, 2006, giving him 20 days to comment from the date of the notice letter. The Division determined, however, that Mr. Cargill was not given the required comment period of 20 days upon receipt of the notice, to comment. Therefore, the Applicant re-notified Robert Cargill and the Cargill Family Trust of the permit application. The notices were sent on August 10, 2006. The return receipt notices were signed and dated August 23, 2006. Therefore. Robert Cargill and the Cargill Family Trust have the opportunity to comment until September 12, 2006. As of the date of this document, comments have not been received. Division Comment This issue was not raised during the public comment period and therefore is untimely. It does, however, address a deficiency in the application. The Division believes that this deficiency has been adequately addressed by the Applicant. The Division reserves the right, however, to alter its rationale and its recommendation for approval based on comments that maybe received from the notified parties during the remainder of the comment period. III. DIVISION RECOMMENDATION It is the Division's determination that the Applicant has fulfilled all of the minimum requirements for approval of a reclamation permit for the Allen Pit site, and recommends that the permit for the site be approved, with stipulations. STIPULATIONS 1.) The Operator shall notify the Division within 48 hours should a legal ruling or agreement related to the rights to the sand and gravel at the site be made. 2.) The Operator will maintain a 2-foot buffer between the lowest depth of mining and the highest groundwater surface at any time during a year. Operations in the northern portion of the site (see attached map) from monitoring well MH-4 to the north permit boundary will not commence until four quarters of sampling for ground water levels are obtained, submitted to, and approved by the Division so that the Division, Operator, and any other interested entities are aware of the necessary limits on mining depth to maintain this buffer. Il