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~i irOV-14-2005 MON 01:58 PM BANKS AND GESSO LLC FAX [V0. 303 274 8329 <br />P. 03 <br />essia o~.ny. -u-ax~~ <br />saNO a6J~tlon <br />Noven~ba u, zoos <br />Pope 2 <br />f <br />between CDOT and SDMD, obtained from SDMD records through an Open <br />Records request, states that SDMD ownership of lighting improvements will <br />extend "For a period not to exceed ftve years from the date of execution of this <br />cantract." The contract was executed November 21, 2000, and Is the only basis <br />for SDMD ownership of the light poles established by SDMD records. Therefore, <br />by operation of the same contrail that gave SDMd an ownership interest fn light <br />poles on Highway 119, the SDMD can have no interest in any structure within <br />200 feat of the affected area after November 21, 2005. As you are aware, the <br />subsequent owner, CDOT, has determined not to object to the M-2004-067 <br />application and has stated that k will sign a structurb agreement. <br />The Applieant has previously submitted an engineering evaluation demonstrating <br />no damage to structures within 200 feet of the proposed affected area. This <br />report has been accepted and fuHills the requirements of Rule 6.4.19 and <br />underlying statutory requirements. Given the ftndings noted above, as well as a <br />distinct lack of data showing that a blasting vibration standard that wlA °provent <br />damage as slight as the aggravation of existing minor cracks in plaster" is <br />insufftcient to meet lighting equipment design tolerances, the Leonard Rice study <br />does not appear to substantlate that damage will odour to structures within 200 <br />feet of the affected area. We are currently reviewing the Leonard Rice study wtt4t•-- <br />the project consulting geotechnical and structural engineer, Lyman Henn, Inc.; <br />however, the November 10s' Leonard Rine study cannot negate or override the <br />operation of Minerals rules and statutes given the sufftdency of the prlor- <br />Applicant engineepng submittals. <br />Thank you for your continued attention to the important details of this project. <br />Please contact Banks and Gesso, LLC, at 303/274.4277 if additional information <br />or dariftption is appropriate. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />~~ <br />Alex chatz <br />cc: Bob Lembke, CCDWP <br />Chris Hayes, Esq. <br />end: SH 119 Lighting Agreement, dated 21 November, 2000 <br />CDOT letter to Banks and Gesso, LLC, dated October 21, 2005 <br />