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Mr. Gregg Sgaire May 1, 2000 Page 2 of 4 Comment 4 Although the Urban Drainage and Flood Control District requires 400-foot mining setbacks, the District will allow mining to within 100 feet of the riverbank if protective measures aze employed. The applicant proposed the 200-foot setback with the intention of providing additional protective measures as required by the District. Comment 5 • To permit mining and backfilling within the river setback azea, the low flow season will be defined as the period from October ls' to May ls` of each yeaz as recommended by the Division. The applicant will not mine within the 200-foot setback unless sufficient backfill material is available on-site. In addition, the applicant will not mine more than a total of 3 acres within the river setback azea during any one yeaz. During each year that the Riverbend Operation is active, the applicant will provide to the Division a signed affidavit stating that the required 200-foot setback is established between the edge of the pit and the top of the riverbank. The affidavit will be submitted by May 151 of each year and will include a statement that the setback azea will be maintained during the period from May l~` to October ls`. Comment 6 Exhibit C has been checked to verify that all man made structures within 200 feet of the affected land were correctly illustrated. All permanent man-made structures within 200 feet of the affected land have been shown on the map. Comment 7 For structures discussed in the application and illustrated on Exhibit C, the applicant shall either (1) provide a setback distance of at least two times the pit depth from all structures or (2) provide a notarized agreement to the Division between the applicant and the person{s) having an interest in the structure. The agreement shall state that the applicant is to provide compensation for any damage [o the structure caused by mining activities within 200 feet of the structure. Comment 8 The applicant will reclaim the entire reservoir bank, from the top edge of the bank to the bottom of the reservoir, with 3:1 slopes. Comment 9 Armoring of the reservoir slopes shall be accomplished with pit run or other engineering approved gravel as illustrated on the design drawing provided in Attachment A. The cost of this armoring has been added to Exhibit L. A revised Exhibit L is presented in Attachment C.