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MMRR Quarry, M-2004-067 <br />Response to June 30 Adequacy Review (as amended) <br />August 19, 2005 <br />Page 21 <br />second bench of material, based on a conservative estimate of groundwater <br />levels (see attached report submitted by Lyman Henn). <br />Exhibit S -Permanent Man-made Structures <br />43. The Applicant has indicated that it is their intent that the affected area, including the main <br />access road, will be kept at least 200 feet distant from all permanent man-made structures until <br />Rule 6.4.19 has been satisfied with respect to each structure. In conformance with Rule 6.4.19, <br />please provide either revised Mine Plan and Reclamation Plan Maps which show that the affected <br />acreage boundary is at least 200 feet away from any permanent man-made structure; or if the <br />affected area will be within 200 feet of any permanent man-made structure, for each such <br />structure, provide a notarized agreement between the Applicant and the person(s) having an <br />interest in the structure, that the Applicant is willing to provide compensation for any damage to <br />the structure. (Where the structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility.) If compensation agreements cannot be <br />reached with all owners of such structures, please provide evidence of the efforts you have made <br />to reach such agreements. If you cannot reach agreements with all such owners, please provide <br />an appropriate engineering evaluation (geotechnical stability analysis) that demonstrates that all <br />such structures shall not be damaged by activities occurring at the mining operation. Please <br />respond. <br />Rule 6.4.19 allows an applicant to either reach agreement to indemnify owners <br />within 200 feet of affected area or, where agreement cannot be reached, to <br />provide an appropriate engineering evaluation. <br />The applicant in this case began its attempt to reach agreement with structure <br />owners even before submitting an application to the Division of Minerals and <br />Geology. Unfortunately, due possibly to the complexity of the application or for <br />other reasons that are not clear to us, we have been unable to reach agreement <br />with any of the four structure owners contacted over the last year. These efforts <br />have been diligent but unavailing, as documented in the attached letter submitted <br />by Katy Soto. <br />Given the applicant's inability to reach agreements with structure owners, Rule <br />6.4.19(b) must be employed in this application process. The applicant has <br />obtained a report from an engineering firm demonstrating that each permanent <br />man-made structure within 200 feet of the affected area of M-2004-067 will not <br />be damaged by activities occurring at the mining operation. Please see the <br />attached report submitted by Lyman Henn, Consulting Engineers. <br />6.5 - Geotechnical Stability Exhibit <br />44. The March 15, 2005 Memo from Mike McDermid to Alex Schatz provides a commitment on <br />page 3 to complete a geotechnical investigation before waste rock placement to determine slope <br />stability. Please indicate whether the geotechnical investigation will be provided as a part of this <br />Regular 112 Application or will be provided via a technical revision after a decision is made on <br />this application and prior to construction of the waste rock pile. Please respond. <br />