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Applicant's Response to Second Adequacy Letter Grand River Park Project, DRMS File M-2006-046 January 2, 2007 Page 25 changes have precipitated confusion and delays in the processing of proposed agreements. The applicant will hold open its offer to negotiate with these structure owners, but, relative to these structures, compliance with Rule 6.4.19 will be established, as permitted by Construction Materials Rule 6.4.19(b), with an appropriate engineering evaluation. The engineering evaluation pertaining to all three remaining structures is contained within the attached report from Lyman Henn, Inc., a consulting geotechnical and engineering firm. As noted in the Lyman Henn report's "Site Description" section, "The specific structures addressed by this evaluation are: the I-70 roadway and embankment; the Rising Sun Ditch; and the residence, with out-structures and local service utility poles, to the south of the site." After a description of methods, data, and analysis, the report provides two alternatives for safely mining within 200 feet of these permanently man-made structures: the operator may either maintain a setback of 60 feet if mining to near-vertical slopes, or maintain a setback of 25 feet if mining to no greater than a 2H:1 V side slope. The applicant has reviewed mining plans to confirm that the Exhibit C-2 Maximum Recovery Scenario will not conflict with signed agreements or setback parameters identified by Lyman Henn, Inc. Mining originating with the top of slope setback between 25 and 60 feet from a structure will not exhibit side slopes steeper than 2H:1V. No mining will encroach closer than 25 feet from a permanent man-made structure unless allowed by agreement. As a supplement to other materials directly responsive to the second adequacy review, the "Mitigation and Reclamation Plan, Hang's Ranch Parcel" by Environmental Solutions is also enclosed for the Division's reference. This report describes in some detail the rationale for techniques to be employed in the mining and reclamation process at the subject property. This adequacy response represents an intensive effort by the applicant to identify and address every concern raised by the Division of Reclamation, Mining, and Safety in its October 4, 2006, adequacy letter. The applicant appreciates the challenges of this site and the Division's accordingly detailed analysis. As is typically the case with recovery of alluvial deposits, surface and groundwater conditions particularly demand special attention. The Grand River Park Project applicant is committed to numerous precautionary measures, monitoring programs, and specific reclamation standards that ensure safe conditions and the preservation of property and environmental values at the site and its surroundings.