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Exhibit D CMLRB 112 Permit Applicelion <br />Agile Stone Sys[ems, Inc. <br />• 1.1 Utility Right of Ways <br />Utilities on the Pre-Mining Plan Map include telephone and power lines through the <br />permit area. The utility right of way is limited to the line poles and restricts excavation <br />within 30' of the poles. There is no known recorded easement for the phone lines found <br />in the Fremont County Court House nor from the operating company, US West (Personal <br />Communications Liz Fronick, October, 1997, US West Employee) According to US <br />West, they have a non site specific joint use agreement with the power company's poles <br />and/or easements. (See Letter from West Plains Energy to Agile and Agile's Notarized <br />Letter to West Plains Energy required by the Division of Minerals and Geology.) <br />1.2 Wells <br />There aze no wells on neighboring lands within 200' of the affected land bolmdaries other <br />than those on Harvey property drilled for monitoring well purposes. <br />1.3 Startup <br />Initial activities in disturbed areas will include topsoil salvage and placement into a <br />temporary soil stockpile. Some topsoil will be salvaged from the plant and gravel mining <br />areas while little will be available from the quarry areas. The plant level will be reduced <br />an average of 8' to further hide the plant and utilize surrounding buffer to the north and <br />topsoil stockpile to the south for noise abatement to conform to the applicant's county <br />conditional use permit. The material beneath the topsoil will be placed on gravel area IB <br />or IA as plant feedstock. Percolation test results indicate that no storm water event <br />• evaluated, including 100 yeaz storm events, will result in drainage across or over the <br />gravel baz. This is confirmed by the lack of any signs of surface erosion on the top of the <br />gravel bar. Nevertheless, disturbed areas within the grave] deposit will be graded to be <br />free-draining to the lower level pit areas in A or B. These lower levels will retain any <br />unlikely storm water before it percolates and exfiltrates through the gravel baz. <br />Percolation test results also indicate no runoff can occur from any water dust control <br />measures which aze far less than any storm event. These drainage control measures will <br />be maintained for the life of the project. No ponds or check dams will be constructed on <br />the gravel bar. <br />An additional storm water safeguard, a strip of un-mined gravel bar, will be left between <br />the gravel mining/plant areas and the Tallahassee Creek to serve as a protective buffer <br />between the operations and the Tallahassee Creek. This protective buffer is included in <br />the affected lands and will contain a road but more importantly will function as a <br />safeguard to protect the Tallahassee Creek from any runoff however unlikely from storms <br />well beyond the 100 yeaz storm event. <br />The buffer will be 100' wide. At the north side of the grave] bar the 100' is measured <br />from the base of the Tallahassee Creek to the south and will be about 40' above the <br />Tallahassee Creek. The buffer will be a minimum 20' high at the west end where the <br />gravel baz stops against steeply rising granite mountains and 30' at the east end where the <br />gravel baz naturally drops and the Tallahassee Creek enters the Arkansas River. A 35' <br />• access road and associated drainage swales will be located within most of the 100' wide <br />2 <br />