2009-08-19_REVISION - M1987049 (3)

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Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued or, in lieu of reaching these agreements, the engineering evaluation will be considered. " Applicant's Response: All Structures located within the proposed limits of mining are the property of the Applicant, Ready Mixed Concrete Company. These structures will be removed prior to mining. Regarding structures owned by others within 200 feet of the affected land, the Applicant will either provide the Division with evidence that an agreement between the owner of the structure and the applicant was pursued or provide a geotechnical stability analysis identifying minimum mining set backs related to pit wall slope stability. The Applicant is actively pursuing agreements with those individuals and or companies that have structures located within 200 feet of mining limits (attached is a copy of the agreement recently sent to United Power). However, such agreements may not be executed prior to the Divisions decision date for Amendment 002 of the Bromley Lakes 112 Permit. Therefore, the applicant proposes to use the minimum mining setback formula of 3:1 (horizontal to vertical), as recently discussed with Division staff. This setback ratio will be used until the Applicant provides the Division with fully executed Agreements that identify a lesser mining setback or a slope stability analysis acceptable to the Division that identifies a lesser setback. Having said that, the Applicant maintains that there is no evidence that the proposed Bromley Lakes mining setbacks will adversely affect the stability of any significant, valuable, or permanent manmade structures located within 200 feet of the affected land. 33. "Third Creek will be relocated during the mining and reclamation process, please provide evidence that you have been granted the right to relocate this stricture... " Applicant's Response: The applicant does not intend to relocate Third Creek. 34. "Enclosed are four letters the Office received in regards to this operation. One of the four is an objection letter received from the McCanne Ditch and Reservoir Company. The other three letters were from the Division of Water Resources, the Office of Archaeological and Historic Preservation, and the Army Corps of Engineers. Several of these concerns are identified in the adequacy review; however please respond to each of these letters." 8/19/2009 16