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-5- <br />C.) if ponds are a part of the Reclamation Plan, outline the final shore configuration of the ponds and shallow <br />areas if the future land use is for wildlife; <br />D.) state the average thickness of replaced overburden by reclamation area or phase; and <br />E.) state the average thickness of replaced topsoil by reclamation area or phase. <br />EXHIBIT G - Source of Legal Right-to-Enter (Rule 6.3.7): <br />9.) The submitted signed statement by the landowner as a source of Legal Right-to-Enter must be acknowledges by a <br />Notary Public. Please re-submit a signed and notarized statement from the landowner indicating the <br />Operator/Applicant has the legal right to enter and mine. <br />EXHIBIT J - Proof of Mailing Notices of Permit Application (Rule 6.3.10): <br />10.) Include proof of mailings of the "Notice of Permit Application" sent to the Board of Supervisors of the local Soil <br />Conservation District, in the application, by submitting the date-stamped receipt for Certified Mailing or a <br />date-stamped copy of the notice form with signature acknowledging personal service and receipt by the appropriate <br />board. Also, refer to Rule 1.6.2(1)(a). <br />EXHIBIT L - Permanent Man-Made Structures (Rule 6.3.12): <br />11.) You must provide information sufficient to demonstrate that the stability of any structures located within two <br />hundred (200) feet of the operation or affected land will not be adversely affected. If the Office determines that such <br />information is inadequate to demonstrate that the operation will not adversely affect the stability of any significant, <br />valuable or permanent man-made structure, the Applicant shall either: <br />A.) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that <br />the applicant is to provide compensation for any damage to the structure; or <br />B.) where such an agreement can not be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining <br />operation. <br />Your application will not be considered filed until the information listed above is received and found sufficient to <br />begin our review. A decision date will be established 30 days from the date of receipt of all of the requested <br />information. Additionally, if you have already published notice you will need to republish notice, after the Division <br />considers the application submitted. Republication must occur once within ten (10) days of the submittal date. We <br />will notify you when you should initiate republication of your notice. The final date for receiving comments is ten <br />(10) days after the date of publication or the next regular business day. <br />You have until February 21, 2011 to submit all necessary documents that the Office needs for an application to be <br />considered filed. If by this date, the application has not been determined to be filed with the Office, the Office shall <br />deny the application and terminate the application file. <br />This letter shall not be construed to mean that there are no other technical deficiencies in your application. The <br />Division will review your application to determine whether it is adequate to meet the requirements of the Act after <br />-submittal of all required items.