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Environment, Inc. Page 5 <br /> Summit Brick and Tile Company Native/Pierre Mine <br /> Adequacy Response 01 December 10, 2020 <br /> EXHIBIT S—Permanent Man-made Structures (Rule 6.4.19): <br /> 20. Please provide the complete structure agreements for the utilities, roads, and any other structures <br /> (including fences)where the affected lands are within 200 feet of permanent man-made structures <br /> in the permit area. The Applicant may either: <br /> a. provide a notarized agreement between the applicant and the person(s) having an interest in <br /> the structure, that the applicant is to provide compensation for any damage to the structure; or <br /> Summit Brick sent out 64 Structure agreement Letter and affidavits on May 8, <br /> 2020., 19 where returned signed the remaining 45 remain unreturned. Copies of <br /> the returned agreements are enclosed. <br /> b. where such an agreement cannot be reached, the applicant shall provide an appropriate <br /> engineering evaluation that demonstrates that such structure shall not be damaged by <br /> activities occurring at the mining operation; or <br /> Attached is a Geotechnical Stability evaluation prepared by Jesic Consulting for the <br /> proposed mining operation. Thier conclusion is that mining and reclamation will no <br /> have any impacts on off site structures. <br /> c. where such structure is a utility,the Applicant may supply a notarized letter, on utility letterhead, from <br /> the owner(s)of the utility that the mining and reclamation activities, as proposed,will have"no <br /> negative effect"on their utility. <br /> Objection <br /> 21. The Division received a timely objection, in accordance with Rule 1.7.1(2)(a), from Barbara Britton <br /> on September 1, 2020, the objection is attached to this adequacy letter(Attachment 2). Please <br /> respond to the objection from Ms. Britton. <br /> Thank you for the copy. Ms. Britton returned the Structure Agreement on May 14, <br /> 2020 and on May 29, 2020 contacted Summit Brick for the first time about the <br /> alleged damages to her home created by mining. Summit sent Kidd Engineering, <br /> Ricky A. Kidd, P.E. a Registered Professional structural engineer to inspect the house <br /> on July 8, 2020 and prepare a report based on his finding (copy attached). Mr. Kidd <br /> reported he found no damages that were consistent with ground movement or <br /> activities associated with the mine. His opinion is that the age of the house, a leak <br /> in the ceiling, the lack of good drainage around the foundation and questionable <br /> remodeling construction has created the damage that Ms. Britton claims were <br /> caused by mining. Ms. Britton was sent a copy of the Kidd Engineering report by <br /> certified mail on August 20, 2020 and she then filed the objection on September 1, <br /> 2020 when it was apparent Summit was not going to pay for her repairs. (A copy of <br /> Mr. Kidd's report was sent via e-mail on November 2020 ) <br /> She points out that the damages and pictures falling off the walls are recent. At <br /> this point mining has been no closer then 150 feet south of her house, on a 15 foot <br /> highwall and no blasting takes place at the mine. All mining activities take place on <br /> the floor of the mine. She also stated she has lived there for 25 years (=1995) so <br />