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• ge 2 ~ne 18, 1985 Sand Pit C. Farrell There is approximately .75 acres along Academy Boulevard that probably will not actually be affected by the operation. Most of this is revegetated roadside. However, it is included in the permit in order to make the permit boundaries easy to follow. For the past few years Castle Concrete has taken the philosophy that permit boundaries should not only include the actual land to be affected but all other land, affected or not, which provides for permit boundaries that are easy to follow. In our opinion, ambiguous boundaries that follow some preconceived notion of what will and will not be affected is the primary cause of operators crossing their permit boundaries. If one cannot easily determine on a daily basis where the boundary is it becomes far too easy to cross it. As a result, one might legitimately say that 34 of the 34.7 acres will be affected. However, even the small acreage along Academy Boulevard may need to be affected in some way in the event erosion happens to damage the vegetation and slope integrity. This has occurred and Castle Concrete has taken action to correct such problems, even if it is outside the permit in areas where erosion could influence the integrity of the highway. We do not feel that such actions, though, are actually included in the definition of affected lands. In fact, such erosion damages have been identified as being caused by the presence of the road and an inadequate drainage system. Therefore, actually the Department of Highways should be responsible for repairing the damages done to our slopes as a result of their roadway. In the past, we have taken action to correct the problems simply because it is easier for us than for them, even though it is not actually our responsibility. ITEM 2: As stated in a previous conversation, Castle Concrete Company is responsible for the relocated ditch construction. Please provide proof of agreement between Castle Concrete Company and: a. The Fountain Mutual Ditch Company detailing the easement agreement and Castle Concrete Comapny's planned compensatory measures if the ditch is damaged; and, b. Columbine Industrial, Inc., the owners of the land across which the relocated ditch will traverse prior to entering the permit boundary, concerning use of their land, and compensatory measures proposed if property damage occurs. RESPONSE: Item a - A copy of the minutes is enclosed. In that meeting the di[ch company approved the realignment subject to several conditions. Some of these conditions have already been met while others are in the process and some will be delayed until a later, more appropriate time. For example, the indemnification agreement has not been drawn up because actual ditch construction has not begun.