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Mr. Tyler O'Donnell <br />RE: Adequacy Review Response <br />April 10, 2015 <br />Page 2 of 3 <br />8) To the extent that the French drain is required for the post - reclamation use of water <br />storage, the French drain and appurtenances will be conveyed to the owner and operator <br />of that water storage facility so that they can use and maintain it. <br />9) Brannan will commit to this request. <br />10) Brannan will commit to this request. <br />11) Based on the current design for the French drain, it will not be necessary to disturb <br />Einspahrs' land. As a result, no reclamation of their property will be required. <br />12) See attached Exhibit F. <br />13) The French drain along the west side of Pit 29 has been eliminated. The French drain <br />will now cross Brighton Road and a crossing permit will be required from Adams <br />County. <br />14) Given the new alignment of the French drain, there will no longer be a need for a <br />temporary easement within the Einspahr property and, in turn, there will be no <br />disturbance of that property. Thus, there is no longer an issue about reclaiming and re- <br />vegetating that property. <br />15) The French drain will now cross Brighton Road and will be located along the north side <br />of the Stagecoach Pit on land owned by Henderson Aggregate LTD. It should be noted <br />that there is a slurry wall around the Stagecoach Pit and it was located to accommodate a <br />French drain. See Exhibit E. Brannan's source of legal authority to enter that land is <br />demonstrated in the confirmation letter attached hereto. <br />16) AM -02 submittal was filed with the Adams County Clerk and Recorder. The only notice <br />available was included in the submittal. <br />17) The First Amendment and this letter will be filed with the Adams County Clerk and <br />Recorder on April 7, 2015. See attached verification. <br />18) According to Rule 6.4.19, these requirements only apply "[w]here the mining operation <br />will adversely affect the stability of any significant, valuable and permanent man-made <br />structure located within two hundred (200) feet of the affected land." Brannan has <br />determined that the French drain will not adversely affect the stability of such structures <br />and, therefore, is not required to provide the information requested. Further, without <br />DRMS's prior approval of the new alignment for the French drain, it would be premature <br />to attempt to discuss or negotiate any agreements with persons having an interest in <br />structures within 200 feet of that alignment. In the interest of resolving this disputed <br />requirement, Brannan will provide the requested information within 15 days of DRMS's <br />approval of the new alignment. <br />19) Proof will be provided upon completion of the publication. See attached for previous <br />AM -02 publication. <br />20) Attached is the proof of mailing. <br />21) While we do not agree that a dewatering well permit is required in this case, we will <br />submit a Form GWS -62 prior to commencement of construction if the State Engineer <br />requires such form at that time. We agree that no water will be consumed during <br />construction. <br />