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<br />Exhibit S -Permanent Structures <br />10. DMG Comment: DMG stated that in order to comply with Rule 6.4.19 of the <br />Construction Materials Rules and Regulations, the Applicant must either reach <br />compensation agreements with owners of structures within 200' for any damage to <br />those structures; preserve a 200' excavation setback; or a submit a detailed <br />geotechnical stability analysis. <br />Response: The Applicant has reached structure agreements with Iwo out of the five <br />structure owners identified in DMG 112 Exhibit S under this permit. The Applicant has <br />twice attempted to reach agreement with the remaining three owners of permanent <br />structures within 200-feet of the-proposed mining areas. These owners-have failed to <br />respond to the Applicant since March of 2000. The Applicant therefore commits to <br />remaining 200 feet back from these structures until agreements can be reached with <br />the owners or a geotechnical stability analysis is completed and approved by DMG {a <br />Techincal Revision will be submitted). In accordance with DMG Rules and <br />Regulations, setbacks of 206 feet from structures wilt be surveyed and located in the <br />field. <br />We believe that these responses satisfactorily answer your concerns and will provide <br />for the approval of the Applicant's Amendment Application. If you have any further <br />questions prior to the anticipated DMG decision date of September 22, 2000, please <br />contact us at (303) 274277. <br />Banks & Gesso, LLC <br />Cc: Dan Hunt, Asphalt Specialties Co., Inc. <br />Tim Buterbaugh, Asphalt Speciaties Co., Inc. <br />Attachments: Voluntary Clean Up Plan Approval Letter and Amendments <br />Groundwater Well Monitoring Data collected to date <br />