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Steve O'Brian <br />Page 4 of 5 <br />April 25, 2014 <br />The existing exposed groundwater lake in the eastern area must be bonded for in some fashion. Bond may <br />be calculated for the installation of a slurry wall to isolate it from the surrounding alluvial aquifer (see <br />paragraph above for slurry wall calculation). Bond for that area may also be determined using a defensible <br />determination of cost for the placement of the amount of fill required to backfill the existing exposed <br />groundwater area to no more than 6.1 acres of exposed groundwater, with the rest of the area backfilled to a <br />level at least two feet above the existing documented static water level. The backfilled areas must then be <br />appropriately sloped and seeded. <br />Areas to be re- sloped, otherwise re- graded, re- soiled, and reseeded should be shown on the provided <br />reclamation plan map. <br />EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): <br />The exhibit submitted was mislabeled as Exhibit H, but otherwise adequate. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): <br />As previously discussed, structure agreements will need to be obtained for all structures within 200 feet of <br />the permit boundary. Please note that roadways and above - ground or underground utilities (if present) <br />within 200 feet of the proposed affected area are considered permanent man -made structures. In accordance <br />with Rule 6.4.19, when mining operations will adversely affect the stability of any significant, valuable and <br />permanent man -made structure located within 200 feet of the affected area, the applicant may either: <br />a.) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, <br />that the applicant is to provide compensation for any damage to the structure; or <br />b.) Where such an agreement cannot 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 />c.) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from <br />the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative <br />effect" on their utility <br />Please provide evidence (certified letter to structure owners) that a notarized agreement between the <br />structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical <br />assessment may be provided to demonstrate that the structures shall not be damaged. <br />You must provide information sufficient to demonstrate that the stability of any structures located within <br />two hundred (200) feet of the operation or affected land will not be adversely affected. <br />Additional Information: <br />You will also need to provide the Division with proof of notice publication and proof of notice to <br />surrounding property owners within 200 feet. Any letters from other commenting agencies /entities received <br />by the Division to date have been included with this correspondence for you to review. <br />This concludes the Division's preliminary adequacy review of this application. This letter shall not be <br />construed to mean that there are no other technical deficiencies in your application. Other issues may arise <br />