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The Nunnerys are also concerned regarding the potential for damage to the structures as a result <br /> of PAO's operation. Rule 6.3.12 provides the following regarding Permanent Man-Made <br /> Structures: <br /> The Applicant shall provide information sufficient to demonstrate that the stability of any <br /> structures located within two hundred (200) feet of the operation or affected land will not <br /> be adversely affected. If the Office determines that such information is inadequate to <br /> demonstrate that the operation will not adversely affect the stability of any significant, <br /> valuable and permanent man-made structure, the Applicant shall either: <br /> (a) provide a notarized agreement between the applicant and the person(s)having an <br /> interest in the structure, that the applicant is to provide compensation for any damage <br /> to the structure; or <br /> (b) where such an agreement cannot be reached, the applicant shall provide an <br /> appropriate engineering evaluation that demonstrates that such structure shall not be <br /> damaged by activities occurring at the mining operation; or <br /> (c) where such structure is a utility, the applicant may supply a notarized letter, on utility <br /> letterhead, from the owner(s) of the utility that the mining and reclamation activities, <br /> as proposed, will have "no negative effect" on their utility. <br /> The Nunnerys request that pursuant to Rule 6.3.12(b) that PAO conduct an appropriate <br /> engineering evaluation that demonstrates that such structures shall not be damaged by activities <br /> occurring at PAO's operation and that a copy of the evaluation be provided to the Nunnerys at no <br /> cost to them. <br /> Lastly, the water level in the Nunnerys' domestic water wells have dropped since PAO began its <br /> operation. As noted in Exhibit G to the Application, POA's mining operations likely will have <br /> adverse impacts on the ground water levels in the area adjacent to the operation. The adverse <br /> impacts will only increase as the operation expands. Protections to the Nunnerys' domestic <br /> water supplies, as well as other households in the immediate area, must be added as a condition <br /> to any permit issued to POA for the expansion. The protection should include the deepening of <br /> the wells at POA's cost or the provision of an adequate replacement source of water again at <br /> POA's expense. <br /> The Nunnerys thank you for your consideration of their concerns. If you have any questions or <br /> comments, please contact me. <br /> Sincerely, <br /> Stewart W. Olive <br /> Attorney at Law <br /> Attachments <br />