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Sundance Resource,M-2006-073 <br />Second Adequacy Response <br />April 3, 2007 <br />Page 4 <br />the affected lands. Copies of the package sent out and the signed receipts of the <br />certified mailing are included. <br />Based on research conducted for this adequacy letter, the wells on the property <br />are owned or otherwise controlled by Sundance Investments, the landowner, and <br />control in the applicant is imputed by the terms of their lease. Any damage to on- <br />site wells is covered under the existing Gravel Property Lease. <br />Additionally, an engineering analysis to determine the stability of structures within <br />200 feet of mining was performed for the specific site. That study is included with <br />this report and satisfies Rule 6.4.19 for structures for which no agreement could <br />be reached. The scope of the study specifically included the entire complement <br />of structures on the site and included specific findings for special structural <br />concerns (e.g., high-tension transmission towers with large underground <br />foundations). Please note that Exhibits C-2 and F have been revised to reflect <br />the recommended procedure for mining in the vicinity of the high-tension lines, <br />including additional setback and slopes mined to final grade. <br />The applicant has not reached agreement with any structure owner at this time, <br />but will hold its offer open for a reasonable length of additional time to allow for <br />any interested party to negotiate and will honor any Agreement reached in good <br />faith negotiations. <br />Lafarge is submitting these responses in order to meet the new decision date of <br />April 16, 2007. Please contact Mark Vigil of Lafarge at 303-657-4336, or Alex <br />Schatz of Banks and Gesso, LLC, at 303-274-4277, if you have any questions <br />concerning this adequacy response letter or the M-2006-073 permit application <br />generally. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />Alex hatr <br />cc: Mark Vigil, Lafarge West, Inc. <br />Kevin W. Moore, Lafarge West, Inc. <br />Rusty Cochran, Lafarge West, Inc. <br />