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groundwater exposure once mining is completed. This is necessary because the division is required to hold a financial warranty sufficient to reclaim a permitted site at its maximum worst case disturbance. In this case we would obviously not have the water rights or the SSP, therefore, our only mechanism for reclaiming the site would be to backfill the pit to an elevation that would prevent groundwater exposure. As you know, this becomes prohibitively costly to a mining company. However, our office is awaze that you have filed an application for an SSP. In the past our office has approved permit applications with stipulations that groundwater could not be exposed until either the full financial warranty for backfilling was in place, or the SSP was obtained. This has allowed operators who are waiting on final approval of their SSP to start site prepazation work including topsoil and overburden removal as long as groundwater was not encountered. We will wait for your response updating us on the progress of the SSP before determining what course of action to pursue concerning this matter. 6.4.14 EXHIBIT N -Source of Legal Rieht to Enter The source of legal right to enter is inadequate as submitted. A contract for purchase is simply an agreement to purchase something at a future date with most of the terms agreed upon. Rule 6.4.14 (see Rule 6.3.7) requires a solid legal basis to enter a site and conduct mining. This may be a copy of an access lease, deed or abstract of title showing the operator/applicant owns the property, cun•ent tax receipt or a notazized statement by the landowner stating that the operator/applicant has the legal right to enter and mine. The two contracts included with the application also do not encompass all of the acreage proposed to be included in the permit azea. The contract dated 9/26/00 includes the south '/: of the southwest''/4 of section 28 for a total of 80 acres, and the contract dated 3/15/01 includes the entire northeast '/o and the northwest %a of the southeast '/o of section 28. Missing is the southwest''/4 of the southeast''/4 of section 28 or the azea that would con•espond to Mine Area 1 on Exhibit C-3. Please provide an acceptable right to enter document that includes a clear legal description of the azeas to be included within the permit azea and/or the affected land azea. 6.4.15 EXHIBIT O -Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Per the previous section, it appears that, as of the date of submittal, Ralph Nix Produce, Inc. was the legal owner of record, hence the need to obtain a proper right to enter document or provide new ownership documents. 6.4.16 EXHIBIT P -Municipalities Within Two Miles Adequate as submitted.