2018-05-30_PERMIT FILE - M2017032

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Deep Cut LLC - 22 West Pit Page 17 Adequacy response 01 Permit # M-2017-032 a. Under Notary for Permit Applicant, the notary acknowledgment date was corrected from 2015 to 2016. However, it is unclear who made this change, as no initials were provided near the correction. b. Under Notary for Structure Owner, the structure owner did not provide a date of signature. c. Under Notary for Structure Owner, the notary acknowledgment date was corrected from 2015 to 2016. However, it is unclear who made this change, as no initials were provided near the correction. Because of these errors, the Division does not consider the agreement to be properly executed. Please submit a new structure agreement for Daniel L. Lytle that is properly executed. 44) The applicant provided structure agreements for 5 of the 7 structure owners identified in Exhibit S. (These agreements require revision as detailed above). Structure agreements for City of Aurora and Donald Memeda were not submitted. Please be advised that prior to the application decision date, the applicant must submit either: a. Properly executed structure agreements for all owners of structures located within 200 feet of the proposed affected land boundary, or These notices were mailed to both parties on August 16, 2016 so it is unlikely they will be returned at this late date. Should they be received at a later date, copies will be provided to the Division for the file. b. An appropriate engineering evaluation that demonstrates such structures shall not be damaged by activities occurring at the mining operation. In lieu of the Division rejecting executed agreements and the non cooperation of some structure owners, the operator has prepared an engineering evaluation to the closest structures to where mining will take place for Aurora and the Memeda property. Cross sections were prepared for 4 areas where mining is closest to offsite structures. For Mr. Memeada this is the chainlink fence along his north property line (see Sections A & B). For the City of Aurora that is the return flow ditch along the north side (see Section D). For the closest structure to the south of the permit is the power pole above the peninsula mining area (see Section C)and for the closest structure to the mining area it is the CR 22 ROW line on the east side (see Section E). The locations of these sections are shown on Map Exhibit C-2. Attached is the Geotechnical Analysis showing that for each structure the 1.5 to 1 factor of safety is exceeded when the site is mined and reclaimed as described in the Mining and Reclamation Plans. I would like to point out that there is only one small section along the south side of the mine where most of the structures are located, that mining will take place within 200 feet of the closest structure (Section C). That is in the area where mining will start and those slopes will be mined 3h:1 V or less. Additional Items: 45) On August 24, 2017,the Division received an Inert Fill Notice and Affidavit for the permit number assigned to this application. Please be informed, this type of notice is required to be submitted as a Technical Revision to a permit, including the appropriate revision fee.