2019-08-21_REVISION - M1976056 (6)

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McAtee Construction Company Page 3 Riverside Pit- M-1976-056 August 20,2019 6.4.4 Exhibit D -Mining Plan 6. On Page 7,the Applicant states Xcel requires a 40 foot setback around each pole so that distance is the setback used on each side of the centerline of the poles to allow access and protect them from mining. Please provide the Division with a copy of the structure offset agreement between Xcel Energy and McAtee Construction Company. Attached is a copy of the letter from Xcel Energy giving McAtee Construction Company permission to mine around the power poles if they stay 40 feet from the poles. 7. On Page 8,the Applicant states there is no specific R.O.W. widths listed in the deed for the buried powerline adjacent to the east permit line on the West Area and McAtee is working with the power company to allow mining within 200 feet. In this case, the powerline in question was moved into its present location after the 2000 amendment was approved and mining has started on the west area. This was done at the request of McAtee Construction Company because the above ground line was interfering with the truck traffic crossing the mine area. A ROW distance does not appear in the deed for the parcel since there are no records showing what happened when the line was moved, but it appears the parties agreed to place it in the original 25 foot mining setback and close to the property line on the east side. On Page 59 in the Geotechnical Stability Exhibit, the Applicant proposes an offset of 40 feet from the working face of the mining excavation from the powerline. Please commit to maintaining a 200 feet offset from the underground powerline until a structure agreement is obtained from the power company. Please commit to providing the Division with a copy of the approved structure agreement prior to mining within 200 of the buried powerline. No, this is impractical since a Structure Agreement may never be received. We have chosen to the use Rule 6.4.19 b. option and supplied a geotechnical evaluation showing it is safe to mine using the setback we proposed. In the Geotechnical Analysis at Cross Section C we provided information to show that the top of the finished 3:1 slope was 25 feet from the powerline with a safety factor of 3.53 and the dredge mining limit was 47 feet, with a safety factor of 1.50. This being the case the Mining Plan Map shows the Dredge setback that totals 47. On the Mining Plan Map the top of slope is a minimum of 25 feet from the powerline or the permit boundary. We also have a letter from Xcel Energy giving permission to mine within 40 feet of the power lines. 6.4.7 Exhibit G -Water Information 8. On Page 15, the Applicant states the long-term exposure of groundwater post-1981 is covered under augmentation plans with Logan Well Users Association, Cases #2007CW0300 and #17CW3062. Please provide the Division with copies of the augmentation plan cases for review.