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reclaimed mined out pit areas, plus the disturbed area associated with construction of access and haul <br />roads leading from the pit to the processing area and then from the processing area to the truck exit <br />point. <br />Item 7 of Exhibit D references "buffer strips" along Highway 160 and along County Roads 38, G & <br />H. Please describe the purpose & function of the buffer strips, indicate their specific dimensions, and <br />show on the Mine Plan Map the location of each buffer strip in relation to mining related disturbances <br />and permanent or man-made structures. <br />Item 10 of Exhibit D states that "Gravel will be crushed, screened and washed on site using irrigation <br />run-off water, if approved". However, the Division has received an objection from one of the affected <br />area surface owners, Mr. Dean Wolcott, asserting that the applicant does not own the rights to the <br />use of waste water related to Mr. Wolcott's property. Please indicate whether the applicant currently <br />has adequate water rights to irrigation run-off water for use in washing gravel. <br />EXHIBIT E -RECLAMATION PLAN <br />The reclamation plan portion of the application is inadequate and does not address each of the <br />requirements of Rule 6.4.5. Item 2 of Exhibit E indicates that the reclamation plan for the Orion Pit <br />"proposes to meet reclamation plan requirements of the Soil Conservation Service" (presently the <br />Natural Resource Conservation Service or N.R.C.S.). However, the only information provided in the <br />application in the way of an N.R.C.S, reclamation plan is a copy of the reclamation plan <br />recommendations of the N.R.C.S. for a different mining operation that is not situated within the same <br />area as the proposed Orion Pit area. In that report, the name of the other operation to which the <br />N.R.C.S. report applied was blanked out and replaced with "ORION PIT". The report also contains a <br />stamp stating "PRO-FORMA COPIED FOR USE". The N.R.C.S. has, in correspondence to the Division <br />dated December 21, 1994, objected to the use of their recommendations developed for one proposed <br />mining operation by any other proposed mining operation. Their letter specifically states that "These <br />reclamation plans are site specific and one plan does NOT fit all situations. The reclamation plan needs <br />to be specific about irrigation systems, water drainage, soil replacement, vegetation reestablishment <br />as well as the effects of the operation on adjoining lands". If the applicant wishes to utilize N. R.C.S. <br />recommendations to fulfill the reclamation plan requirements of Exhibit E, then the applicant will need <br />to obtain a reclamation plan recommendation from the N.R.C.S. that is specific to the Orion Pit area. <br />However, if the N.R.C.S. is presently "unable to conduct a review of this permit at this time" as they <br />were in January of 1995 (their January 13, 1995 correspondence to the applicantl, then the applicant <br />will need to develop a site specific reclamation plan for the Orion Pit that addresses each of the <br />requirements of Rule 6.4.5 and all applicable requirements of Rufe 3.1, including specifications for final <br />backfilling & grading (including maximum regraded slope anglesl, topsoil redistribution methods and <br />replacement depths, and a revegetation plan (seed mix, seeding method, seedbed preparation, <br />fertilizing, and mulching). <br />A portion of Item 1 of Exhibit E states that "ORION PIT Operator shall not be liable for or required to <br />pay for more Reclamation costs than are in the Trust Fund/Sinking Fund for exclusive use in this <br />purpose". This phrase appears to be in direct conflict with Section 34-32.5 1 18 (61 of the Act which <br />states that "Notwithstanding any discharge of applicable financial warranties, an operator in default <br />shall remain liable for the actual cost of reclaiming affected lands less any amounts expended by the <br />Board pursuant to subsection (5) of this section". As such, the phrase needs to be removed from the <br />application. Also, the limitations on and requirements for specific types of financial warranties <br />acceptable to the Division are clearly described in Rule 4 of the Construction Materials Rules and <br />00244 <br />4 <br />