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The Act and Rules do not specifically address this issue. Therefore, failure of the application to address <br />this issue does not prevent the application from meeting the minimum requirements of the Act and <br />Rules. <br />10. Comments regarding area being residential, not industrial. <br />The Act and Rules do not specifically address this issue. Therefore, failure of the application to address <br />this issue does not prevent the application from meeting the minimum requirements of the Act and <br />Rules. <br />11. Comment that an Environmental Impact Statement should be done. <br />This is not a federal permitting action and an environmental impact statement is not required. DMG has <br />reviewed the application and determined that it satisfies the minimum requirements of the Act and <br />Rules. <br />III. DIVISION RECOMMENDATION <br />It is the Division's determination that the Applicant has fulfilled all of the minimum requirements for <br />approval of a reclamation permit for the Benson Brothers Red Shale Pit. <br />