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Applicant's Response: <br />The applicant has since contracted the firm of Deere & Ault to prepare a slope stability <br />analysis of the amended permit area from the McCanne Ditch east to Brighton Road. <br />(See attached Stability Exhibit). The results of the Deere & Ault analysis indicate that <br />the proposed 50 foot mining setback from the west side of Brighton Road will not <br />jeopardize the Road, the western edge of which is located 65 feet east of the limit of <br />mining. Therefore, the applicant will maintain the setback distance of 50 feet from the <br />west Right -of -Way line of Brighton Road on both the Exhibit D and C maps. <br />/4. "According to the mining plan, a visual screening berm will be constructed along <br />Brighton Road. Please describe the dimensions of this berm and display it on the <br />mining Plan map." <br />Applicant's Response: <br />The dimensions of the Brighton Road screening berm are as follows: H = 6 feet; Top <br />Width = 10 feet; Bottom Width = 48 feet and, L = 1,500 feet more or less. The berm <br />location and a typical cross section are shown on the attached revised Mining Plan <br />drawing -Exhibit D (sheet 6 of 7). <br />EXHIBIT E <br />S. "In regard to item #13, you state that "topsoil will be used as needed in the <br />reclamation of perimeter slopes and on associated upland areas that are to be <br />revegetated". Please explain your statement that topsoil will be replaced "as <br />needed". Given your response for Item #14, that Cell No. 2 will be backfilled so no <br />open water will remain, the entire site will need to be topsoiled and revegetated". <br />Applicant's Response: <br />The use of "topsoil as needed" refers to reclamation where not all areas require topsoil <br />in order to be revegetated. As an example, the settling pond portions of Cell 2 will <br />backfilled with wash fines and; therefore, will not require topsoil for revegetation. <br />The portion of Cell 2 (approximately 15 acres) not used for fines disposal will be <br />backfilled with overburden then finished with one foot of topsoil prior to reseeding. <br />6. "In regards to item #15, you provided two seed mixtures to be used, one for the <br />"Upland Areas" and one for "Saturated Areas ". In the attachments with your <br />adequacy review response, there were also two seed mixtures given. One was for <br />"Upland Areas", which matches the seed mixture given in item 15, however the other <br />was titled "Seed Mix for Ponds and Wetlands" and it differs from the "Saturated <br />Areas" seed mix given in item# 15. It is unclear which seed mixture will be used. <br />Please identify which seed mixture will be used. For financial warranty purposes and <br />10/2/2009 2 <br />