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Noted. <br />Rule 6.4.19; Exhibit S — Permanent Man-made Structures and Rule 6.5 ; Geotechnical <br />Stability Exhibit <br />15. If the applicant does not own the ditch that is located east of the affected area, they <br />must attempt to obtain notarized agreements between themselves and the person(s) <br />having an interest in the structure that the Applicant is to provide compensation for <br />any damage to the structure. Please provide these agreements or supply evidence <br />these agreements were sought. <br />See response to item 16. <br />16. Included with the application was a Geotechnical Stability Exhibit. If the above <br />referenced notarized agreement cannot be reached the applicant can utilize a <br />geotechnical engineering evaluation to demonstrate compliance with Rule 6.4.19. <br />The evaluation submitted demonstrates the ditch should be stable when the site has <br />been reclaimed and the pit slopes have been graded to a 3H. -I V ratio. However, <br />based on the Division's last inspection, it appears portions of the current highwall <br />are located within I00 feet of the ditch and the highwall is near vertical. Please <br />demonstrate the ditch will not be damaged by the proposed mining and reclamation <br />operations <br />The applicant is the owner of the ditch. <br />Attachment Table <br />Attached Page <br />Attached Map <br />' D-1, 3 <br />C-1 <br />E-1, 2 <br />C-2 <br />Exhibit L <br />F <br />Please contact me with any further questions. <br />Regards, <br />Ben Langenfeld, P.E. <br />Greg Lewicki and Associates <br />