2009-10-05_REVISION - M1987049 (13)

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Applicant's Response: The applicant has since contracted the firm of Deere & Ault to prepare a slope stability analysis of the amended permit area from the McCann Ditch east to Brighton Road. (See attached Stability Exhibit). The results of the Deere & Ault analysis indicate that the proposed 50 foot mining setback from the west side of Brighton Road will not jeopardize the Road, the western edge of which is located 65 feet east of the limit of mining. Therefore, the applicant will maintain the setback distance of 50 feet from the west Right-of-Way line of Brighton Road on both the Exhibit D and C maps. 4. "According to the mining plan, a visual screening berm will be constructed along Brighton Road. Please describe the dimensions of this berm and display it on the mining Plan map. " Applicant's Response: The dimensions of the Brighton Road screening berm are as follows: H = 6 feet; Top Width =10 feet; Bottom Width = 48 feet and, L = 1,500 feet more or less. The berm location and a typical cross section are shown on the attached revised Mining Plan drawing -Exhibit D (sheet 6 of 7). .EXHIBIT E 5. "In regard to item #13, you state that "topsoil will be used as needed in the reclamation of perimeter slopes and on associated upland areas that are to be revegetated ". Please explain your statement that topsoil will be replaced "as needed". Given your response for Item #14, that Cell No. 2 will be backfilled so no open water will remain, the entire site will need to be topsoiled and revegetated ". Applicant's Response: The use of "topsoil as needed" refers to reclamation where not all areas require topsoil in order to be revegetated. As an example, the settling pond portions of Cell 2 will backfilled with wash fines and; therefore, will not require topsoil for revegetation. The portion of Cell 2 (approximately 15 acres) not used for fines disposal will be backfilled with overburden then finished with one foot of topsoil prior to reseeding. 6 "In regards to item 915, you provided two seed mixtures to be used one for the "Upland Areas" and one for "Saturated Areas". In the attachments with your adequacy review response, there were also two seed mixtures given. One was for "Upland Areas ", which matches the seed mixture given in item 15, however the other was titled "Seed Mix for Ponds and Wetlands" and it differs from the "Saturated Areas" seed mix given in item# 15. It is unclear which seed mixture will be used. Please identify which seed mixture will be used. For financial warranty purposes and 10/2/2009