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• Demonstrate that the topsoil pile will be stable under the proposed mining conditions using a stability slope analysis, or • Maintain a set back distance at 2 times the depth of the pit (in this case a 60' deep pit would need a 120' setback distance), or • Revise the mining and reclamation plan to include benching or terracing and including a slope stability analysis, or • Relocate the topsoil pile to a more stable location. Rule 6.4.7 Exhibit G- Water Information 4. The applicant states that the amount of water used on site is 0.083 acre-feet per year. Does this water consumption take into account evaporative water loss from the sediment control structure? Please state the amount of water rights owned by Fetcher under the lease between Fetcher and Elam Construction. 5. Please be aware that the New 112 Application submitted by Elam Construction currently contains two existing 110 permits, M-1988-009 (Vale Pit) and M-1983-134 (Fetcher Ranch Pit). Please be aware that the Division will not approve the new application until a bond release has been submitted and approved by the Division. At this time it does not appear that the existing operators for the above mentioned sites have filed a bond release application. Please be advised that Fetcher/Vale Gravel Pit application may be deemed inadequate, and the application may be denied on March 26, 2003 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by March 26, 2003 and request for additional time. This must be received no later than the deadline date. If you have any questions, please do not hesitate to call. S rely, Erica Crosby Environmental Protectio S alist Enclosure cc: Carl Mount; DMG Steve Kaspar; Elam Construction, Inc. Greg Lewicki