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Jared Ebert <br /> September 16,2019 <br /> Page 8 of 11 <br /> agreement between Aggregate Industries and the parties is in place or Aggregate Industries otherwise <br /> complies with the requirements of Rule 6.4.19(b) or (c). We will forward any executed agreements upon <br /> receipt. <br /> ii. DRMS Response: The Division acknowledges Al will not affect land within 200 feet of the Brantner <br /> Ditch. Al will need to address the adequacy review issues identified in the enclosed Memorandum <br /> regarding the geotechnical stability analysis or provide completed structure damage agreements for the <br /> structures in question. <br /> Al Response: The adequacy review issues in the submitted memorandum are addressed below in this <br /> letter. <br /> e. Condition No. 5—Aggregate Industries shall not affect land south of and within 200 feet of the Todd <br /> Creek Farms water supply pipeline and shall not further affect land within 200 feet of the north side of <br /> the pipeline, in the Phase 2A area, except for reclamation work, until a notarized agreement between <br /> Aggregate Industries and Todd Creek farms stating that Aggregate Industries is to provide <br /> compensation to Todd Creek Farms for any damage to the pipeline, or Aggregate Industries otherwise <br /> complies with the requirements of Rule 6.4.19(b)(c). <br /> i. Al Response: The Applicant is in compliance with the condition as stated. The applicant has entered <br /> into an agreement with Todd Creek Metropolitan District (formerly Todd Creek Farms). A copy of the <br /> agreement is attached. <br /> ii. DRMS Response: Based on the easement deed and agreement submitted by the applicant, it does <br /> not appear a commitment was made by the Operator to compensate Todd Creek Metropolitan District <br /> for damages to their structures. Al will need to address the adequacy review issues identified in the <br /> enclosed Memorandum regarding the geotechnical stability analysis or provide a complete structure <br /> damage agreement for the structure in question. <br /> Al Response: The agreement with the Todd Creek Metropolitan District allowed for encroachment up <br /> to twenty feet from the water line. As shown in the stability analysis (attached), we elected to offset the <br /> limit of mining excavation 45 feet from the Todd Creek easement boundary. The analysis <br /> demonstrates that the factor of safety with this offset exceeds the DRMS requirements. <br /> ADDITIONAL ADEQUACY REVIEW ISSUES <br /> 1. Revised page D-3, indicates the South Mining Area will be wet mined. Please revise this page to <br /> indicate the South Mining Area will be dewatered and dry mined. <br /> Al Response: Page D-3 of Exhibit D has been revised to state that the South Mining Area will be <br /> dewatered and dry mined. <br /> 2. Please revise the F-3, Reclamation Plan Map to clearly depict where the tree and shrub plantings will <br /> occur. <br /> Aggregate Industries—WCR,Inc <br /> 1687 Cole Blvd Suite 300 <br /> Golden,CO 80401 <br />