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EXHIBIT D. Section (c) (v): You have stated that no mulch will be used but that planted sites shall be protected and, in heavy use areas, the plantings "should be protected by fencing or barriers". You have not specifically identilicd the heavy use areas or illustrated, e.e. on the reclamation plan map, just where the heavy use areas are located that will be protected by fences or bartiers. ~,~ Please specify the heavy use areas that will be protected by fencing or bartiers or indicate these on the Exhibit E-Reclamation Plan Map. EXHIBIT G: The Division is inclined to accept that Costilla County owns the property where the San Acacio Pit is to be located but does not understand why the Quit Claim Deed offered as proof of that ~~ ownership differs in so much detail from the survey plat supplied. The specified compass directions on the ?~ / deed and on the survey plat are no[ the same, not all distances are the same and the area of the property ~f.ul involved is not indicated to be the same. Please explain the discrepancies between the Quit Claim Deed to the property to be mined and the survey plat supplied for the property. EXHIBIT H: There is no Exhibit H included in the application although the community of San Acacio appears to lie within a 2 mile radius of the proposed mining operation. 0 Please confirm that San Acacio lies within 2 miles of the proposed mining operation. If it does, please also indicate if San Acacio is an incorporated municipality and, if it is, supply an Exhibit H with the required information. EXHIBIT J: Although copies of [he "Receipts for Certified Mail" provided indicate that the "Notice of Permit Application" has been mailed to the County Board oCCommissioners and Board of Supervisors of the local Soil Conservation District, no evidence of the receipt of [hose mailings has yet p~ beer provided.. Please provide the "green cards" indicating receipt of the certified mailings of [he notice. EXHIBIT L: There is no Exhibit L provided with [he application although there is at least one permanent man-made structure within 200 feet of the area [o be affected by the mining, e.g. State Highway 142. There may be a right-of-way fence or property boundary fences as well. Please acknowledge that State Highway 142 and any right-of-way or property boundary fences qualify as a permanent man made structures within 200 feet of the area to be affected by the mining. Please ~Or~ then satisfy the requirements of Exhibit L by providing either a notarized agreement to compensate the C7 owners of those structures for any damage brought about by [he mining operation or provide an appropriate t~~ engineering evaluation [ha[ demonstrates such structures shall not be damaged by activities at the mining ,pU.~ operation. '~`"-'~vT9 The decision date for the San Acacio Pit application is June I, 1999. Please respond fully to the above indicated adequacy issues well enough in advance of that date in order that the Division be able to review your response and consider approval of the application at that time. A permit will not be issued until all adequacy issues are properly addressed. If you cannot respond prior to the June I, 1999 decision date and/or if you have any questions on the above, please contact me. Sincerely, / Ja,vweo C~~euett,~ V/ James C. Stevens Sr. Specialist 99NO44 Ss