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David Berry -6- June 20, 199E from the gob pile is contained in the gob pile pond. The only place BRL is discharging any significant volume of water directly to a highway culvert is at the outlet of ditch D-D2. The existing culvert is 18 inches in diameter. It would need to be upgraded to a 30-inch culvert to handle the flow from ditch D-D2 (same culvert size as Culvert C-D1). BRL is willing to work with the highway department to upgrade the size of this culvert which was previously undersized. 27. Slope stability analysis of the reclaimed slope will be performed based on the in progress Morrison Knudsen geotechnical study and submitted at a later date. 28. BRL requests approval to conduct mining activities within 100 feet of the right-of-way of old State Highway 133. Facilities such as a portion of the Haul Road Loop, sediment pond B, and the road to the gob pile are within 100 feet of the R-O-W. The DMG states that several private neighboring residences are located close to the Highway R-O-w. Only one residence, located at 1846 4365 Lane, is close to the R-O-W. The owner of this property waived their right to deny construction of the facilities because the residence is within 300 feet measured horizontally of the proposed facilities (see Volume III, Exhibit 14). The DMG further notes the haul road enters the highway immediately opposite neighboring residences. This is incorrect. The maps show two old concrete foundations opposite where the haul road enters the highway. In fact BRL owns the land immediately opposite (south of SH 133) where the haul road enters the highway. The buildings within and adjacent to the permit area are shown on Map 27. The DMG further states that no comprehensive discussion of the probable impacts due to fugitive dust or noise, or possible safety risks due to shared use of the highway by haul trucks and local residences is contained within the permit documents. Page 2.05-26 in the permit document states in part: "The type of surface coal mining activities located within the 100 foot right-of-way should not affect the two adjacent landowners or the public. Sediment ponds and topsoil stockpiles should not be a problem to the adjacent landowners or the public. The haul roads within the 100 foot right-of-way will be gravel surfaced and watered as necessary to control fugitive dust emissions to protect the interests of adjacent landowners and the public". The loadout loop that is within 100 feet of the right-of-way is specifically exempted from the provisions of Rule 2.07.6(2)(d)(iv). Therefore, any safety risks due to shared use of the highway by haul trucks and local residences is not applicable to the 100 foot R-O-W issue.