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Letter: Response to adequacy review, Permit Application M-2008-010 4/25/2008 page 5 <br />of permanent roads providing additional topsoil, amendment of soil, <br />use of fines from screening and washing, and other methods of <br />producing materials for topsoil as defined by the Mineral Rules and <br />Regulations. <br />It is the Operator's intent, as stated in the application exhibits, to strip, <br />store, and protect topsoil removed for mining as necessary to replace <br />soil adequate to meet reclamation requirements and commitments, <br />and these actions as stated in the application meet or exceed <br />requirements of the Mineral Rules and Regulations. <br />5. Imported backfill: <br />We understand that the use of inert structural fill generated outside of <br />the approved permit area for backfill requires notification of the office <br />(Division?) as stated in Rule 3.1.5(9). We believe that the Reclamation <br />Plan (Exhibit E) does identify the "proposed backfill activity" and <br />therefore the Rule does not require further notice. However, if this is <br />interpreted by competent legal authority to require additional notice, <br />the Reclamation Plan (Exhibit E), provides all but two of the six <br />elements of the notice: specifically, the "approximate volume" (item (b)) <br />and the "signed affidavit" (item (c)). Obviously, since inert materials' <br />availability is limited in time, cannot be inspected prior to being <br />generated, and since there is a physical limit to the amount of <br />materials which can be used, we cannot at this time provide those <br />items of information to any great accuracy. <br />It is the Operator's intent to accept and use imported materials for <br />backfill in compliance with all applicable elements of the Mineral Rules <br />and Regulations, and we believe that the permit application complies <br />with those requirements. To restate and elaborate on that: <br />a. Approximate location: any portion of the site requiring backfill to <br />bring the reclaimed final surface of the site to the planned <br />elevations and slopes. <br />b. Approximate volume: within a range of 1,000 and 500,000 cubic <br />yards, in place (approximately 2,000 and 1,000,000 loose cubic <br />yards). <br />c. All material will be inspected (screened) to determine that the <br />material. is clean and inert, prior to beginning of shipping of the <br />material to the site, and the generator/hauler/inspector of the <br />material will prepare and sign an affidavit to that effect. When in <br />doubt, standard characterization methods shall be used to evaluate <br />the suitability of construction/demolition debris-type materials for <br />use on site. The Operator or the Operator's agent will inspect and <br />verify that the material is as described, upon delivery. Records of <br />off-site sources of backfill material shall be maintained for the life of <br />the operation. <br />