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Mr. Tyler O'Donnell <br />RE: Adequacy Review Response <br />September 18, 2015 <br />Page 3 of 4 <br />side of the bank ranges from 0.21 feet (prevailing) to 1.01 feet (gust). The calculated riprap <br />diameter is 3.4". The D50 for the smallest riprap is 6". If the smallest riprap is about twice <br />the diameter calculated. The standard engineering practice would not recommend riprap in <br />this case. Spreadsheets for the calculation of run up and riprap diameter are attached. Also, <br />we have not seen any evidence of wave erosion. Therefore, we believe that the existing <br />vegetation and soil is sufficient to prevent erosion. <br />EXHIBIT S — Permanent Man -Made Structures: <br />6) Please demonstrate that the Applicant/Operator has attempted to obtain structure <br />agreements with any owner of a permanent man-made structure located within 200 feet of <br />the affected area where the french drain will be constructed. In accordance with Rule 6.4.19, <br />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 <br />Applicant/Operator may either: <br />a. Provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any <br />damage to the structure; or <br />b. Where such an agreement cannot be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall <br />not be damaged by activities occurring at the mining operation; or <br />c. Where such structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed, will have "no negative effect" on their utility. <br />d. Please provide evidence (such as proof of delivery of certified letter to structure <br />owners) that a notarized agreement between the structure owners and the <br />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 <br />damaged. <br />You must provide information sufficient to demonstrate that the stability of any structures <br />located within two hundred (200) feet of the operation or affected land will not be adversely <br />affected. <br />Structure agreements have been sent to surrounding landowners who have structures within <br />200 of the affected area. To date one landowner, Henderson Aggregates, has returned the <br />signed agreement (see attached). The others have not. We have also sent agreements to the <br />utilities in the right-of-way of Brighton Road. Those agreements also have not been <br />returned. <br />