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Exhibit P of the application indicates that sand and gravel resources are located at depths varying <br />between 40 inches and 80 inches from the surface. Additionally, Exhibit D of the application indicates <br />that topsoil and overburden vary in depth from 3 ft. to 5 ft. In correspondence received from Mr. <br />Wolcott, however, it appears that the topsoil, sand and gravel may be "one and the same" in many <br />places, or are "the very surface of the land which we own". Please address this apparent <br />inconsistency. <br />The last sentence of Exhibit P of the application includes the phrase "deposits which are the subject <br />matter of this application clearly meet the criteria for which a precedent exists". This phrase is <br />confusing and appears to have no relationship to the identification of surface owners or to the owners <br />of the substance to be mined. <br />Exhibit O of the application contains a statement that "Pit Owner is not liable nor responsible for <br />mortgages, liens, assessments, taxes or other form of debt on surface of affected land. Obligations <br />of such are sole responsibility of surface owner". This statement is unrelated to any requirements of <br />the Act and its implementing regulations, and as such needs to be removed from the application. <br />EXHIBIT S -PERMANENT MAN-MADE STRUCTURES <br />After reviewing the mine plan portion of the application and associated maps, it is evident that the <br />proposed operation will adversely affect the stability of many significant, valuable or permanent man- <br />madestructures presently located within two hundred (2001 feet of the affected land. Such structures <br />include buildings, houses, barns, fences, above & below ground utilities, irrigation ditches, public and <br />private roads, pipelines, water wells, water storage impoundments, and discharge & conveyance <br />structures. Mining related activities such as excavating pits, stockpiling products and other earth <br />materials, building processing areas, and constructing access roads will adversely affect the stability <br />of structures by mining through and thereby destroying structures, by the creation of steeply sloping, <br />unstable pit highwalls and/or material stockpiles situated in close proximity to structures, and by the <br />activities of mining equipment operating in close proximity to structures. <br />In order to adequately address the requirements of the Act and Rules regarding protection of <br />significant, valuable or permanent man-made structures located within two hundred (200) feet of the <br />affected land, the applicant will need to either: 1) Keep disturbances a minimum of 200 feet from the <br />structure; 2) Provide to the Division a notarized agreement between the applicant and the person(s) <br />having an interest in the structure, that the applicant is to provide compensation for any damage to <br />the structure; or 31 Where such an agreement can not be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be damaged by <br />activities occurring at the mining operation. <br />FINANCIAL WARRANTY AMOUNT <br />The Division has completed a preliminary bond calculation (copy attached) for the proposed phased <br />operation. The calculations may be adjusted if additional information can be provided by the applicant <br />regarding the planned layout, methods, and sequencing of mining and reclamation activities proposed <br />for the entire 368 acre affected area. The point of maximum disturbance appears to occur when the <br />pit excavations are located at the far southeast corner of the proposed affected area and stockpiled <br />overburden and topsoil stripped and stockpiled from the initial excavation must be hauled to the final <br />pit area for backfilling, grading, and topsoil replacement purposes. The total cost worked out to <br />00250 <br />to <br />