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September 12, 2005 <br />Page 3 <br />Where the mining operation will adversely affect the stability of any significant, <br />valuable and permanent man-made structure located within two hundred (200) <br />feet of the affected land, the applicant may either: <br />(a) provide a notarized agreement between the applicant and the person(s) having <br />an interest in the structure, that the applicant is to provide compensation for any <br />damage 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 <br />be damaged by activities occurring at the mining operation; or <br />(c) where such structure is a utility, the Applicant may supply a notarized letter, <br />on utility letterhead, from the owner(s) of the utility that the mining and <br />reclamation activities, as proposed, will have "no negative effect" on their utility. <br />CMR 6.4.19. <br />The applicant has been unable to reach agreement with the affected parties and must, <br />therefore, satisfy CMR 6.4.19(b). The need to supply this critical engineering evaluation as part <br />of the application is supported by the Division's June 30, 2005, adequacy review comment #21, <br />which read: <br />It is the Division's position that the blast vibration analysis and blasting plan, per <br />Rule 6.4.4(1), is an integral component of this application and must be provided <br />with all of [the items] outlined in Allen Sorenson's January 25, 2005 Memo... <br />The blast vibration analysis and blasting plan must also include a detailed <br />assessment of the possible surface and subsurface impacts, a monitoring plan that <br />will be used to detect the presence or absence of offsite impacts, and proposed <br />mitigation measures that will be implemented in the event a peak particle velocity <br />of 0.75 ips is detected at any structure not owned or controlled by the quarry <br />operation, or a peak particle velocity of 0.050 ips is detected at any older structure <br />with plaster-on lath walls that maybe within the zone of influence of quarry blast <br />ground vibrations. <br />See p. 4 of Division letter dated June 30, 2005. <br />However, the report by Lyman Henn, Inc., that the applicant submitted as the <br />geotechnical engineering evaluation in response to this adequacy review comment does not <br />fulfill these requirements. It is not a detailed assessment of possible impacts (rather, it is <br />described by Lyman Henn as "preliminary analysis") and it does not include the required <br />9//2/05 <br />Q:IUSERSIBHIHMGIMINlNC APPL/CATIOMOBJECT/ON LETTER -L03.DOC <br />