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Brannan Sand & Gravel Company <br />June 9, 2015 <br />Page 2 of 3 <br />3) Please demonstrate that the Applicant/Operator has attempted to obtain structure agreements with <br />any owner of a permanent man-made structure located within 200 feet of the newly added affected <br />area where the french drain will be constructed. In accordance with Rule 6.4.19, when mining <br />operations will adversely affect the stability of any significant, valuable and permanent man-made <br />structure located within 200 feet of the affected area, the Applicant/Operator may either: <br />a. Provide a notarized agreement between the applicant and the person(s) having an interest in <br />the structure, that the applicant is to provide compensation for any damage to the structure; <br />or <br />b. Where such an agreement cannot be reached, the applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by <br />activities occurring at the mining operation; or <br />c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility. <br />d. Please provide evidence (such as proof of delivery of certified letter to structure owners) <br />that a notarized agreement between the structure owners and the applicant was pursued. If <br />an agreement is unable to be reached a geotechnical assessment may be provided to <br />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 />General Questions and Comments <br />4) Please provide proof of publication in the local newspaper as required by section 1.6.5 of the <br />Rules. Proof of publication may consist of either a copy of the last newspaper publication that <br />includes the date published, or a notarized statement from the paper. <br />5) Please provide proof of mailing or serving all owners of record of the surface and mineral rights <br />of the affected land; and the owners of record of all land surface within 200 feet of the boundary <br />of the affected lands, as required by Section 1.6.2(1)(e) of the Rules. <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 />as additional information is supplied. The decision date for this amendment application is July 6, 2015. <br />As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to <br />this date, it will be your responsibility to request an extension of time to allow for continued review of this <br />application. If there are still unresolved issues when the decision date arrives and no extension has been <br />requested, the application will be denied. <br />