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I Mr. Chandler Martin Page 3 the criticalYP radient of the type of material involved. g Whenever final slopes approach the critical gradient for the type of material involved, regulatory agencies shall require an engineering analysis of the slope stability. " The reclamation plan states that all reclaimed slopes shall be no steeper than 1-1/2 : 1 (H:V) . This slope angle may approach the critical gradient for this material ; however, since little information was given on the slope material or slope height, a definitive conclusion can not be drawn. A slope stability analysis, prepared by a qualified engineer or engineering geologist, may be appropriate. 7 . CCR Section 3502 (b) (5) states that a plan for the disposition of old equipment be included in the reclamation t plan. The reclamation plan states that "mining and processing equipment and trailers [will be] left on site for w future mining and cattle running. " In order to justify the abandonment of equipment on site, the application should include a signed statement from the property owner that details the buildings and equipment that he/she desires to be left on site for future uses. 8 . CCR Section 3503 (c) states that all reasonable measures shall be taken to protect the habitat of fish and wildlife. The reclamation plan states that "no oak trees will be affected by mining. " The plan also depicts structures and excavations within the dripline of "trees" in Appendix E. If these trees represent oaks, the operator should be made aware that excavations within the driplines of oaks will likely weaken the trees and eventually cause their death. The claims that wildlife habitat will be protected because the mine is not destroying oaks and is outside of the stream courses is not exactly correct. Other habitat exists outside of these areas. The site has the potential to support California tiger salamander (a federal candidate and i state species of special concern) and Hoover ' s calycadenia ! (a federal candidate and a species which qualifies for state-listing) . The presence or absence of these species on the site will need to be determined. 9. CCR Section 3503 (f) addresses resoiling. The reclamation plan states that the fines collected from the wash water will be used as a top dressing on the reclaimed site. This site is currently under a Williamson Act contract; therefore one can assume that some type of topsoil currently exists on the site.