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(d) where permanent pools or lakes have been formed; and <br />(e) on any affected land so long as the chemical and physical <br />characteristics of the surface and immediately underlying material of such <br />affected land are toxic, deficient in plant nutrients, or composed of sand, <br />gravel, shale, or stone to such an extent as to seriously inhibit plant growth <br />and such condition cannot feasibly be remedied by chemical treatment, <br />fertilization, replacement of overburden or like measures. <br />At present, there does appear to be a need to implement these provisions of the Rules and <br />Regulations. <br />(9) Where adverse characteristics of the surface, not feasibly remedied by <br />artificial measures, would seriously inhibit plant growth, planting may be delayed <br />or provided on substitute acres, depending upon natural corrective processes over a <br />10 year period: <br />There does not appear to be any adverse surface characteristics which would prohibit site <br />reclamation. Puckett Land Co. does not intend to substitute other acres for reclamation. <br />3.1.11 Buildings and Structures <br />If the affected land is owned by a legal entity other than any local, state, or federal entity, <br />and buildings or structures including those constructed or placed on the affected lands in <br />conjunction with the mining operations or which are historic structures as determined by <br />the State Historic Preservation Office may remain on the affected land after reclamation at <br />the option of the Operator and Landowner if such buildings or structures will not conflict <br />with the post mining land use, and with the approval of the board: <br />The mining area is privately owned surface and the minerals is appurtenance to the land. The site <br />is private land. Therefore, it does not fall under the State Historic Preservation Office <br />Requirements for a cultural or historical study. <br />There are no buildings or structures which would be under the proposed 111 Special Operation <br />permit. There are Xcel power poles and oil and gas operations structures existing on the site. <br />Only the Xcel power poles are intended to be moved. The exact timing of the power pole <br />realignment is not known at this time. Borrow material removal will not disturb power poles or <br />associated lines and other structures. <br />37 <br />