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NOV-14-2005 MON 01:58 PM BANKS AND CE5S0 LLC FAX N0, 303 274 8329 P, 03 <br />MMRR 4uarry, M-2004-067 <br />SDMD Objatiion <br />November 14, 2005 <br />Page 2 <br />between CDOT and SDMD, obtained from SDI <br />Records request, states that SDMD ownership <br />extend "for a period not to exceed five years fror <br />contract." The contract was executed November <br />for SDMD ownership of the {fight poles established <br />by operation of the same contract that gave 5DM[ <br />poles on Highway 119, the SDMD can have no i <br />200 feet of the affected area after November 21, <br />subsequent owner, CDOT, has determined not <br />application and has stated that it will sign a structui <br />D records through an Open <br />~f lighting improvements wilt <br />the date of execution of this <br />1, 2000, and is the only basis <br />>y SDMD records. Therefore, <br />an ownership interest in light <br />terest in any structure within <br />!005. As you are aware, the <br />0 object to the M-2004-067 <br />agreement. <br />The Applicant 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 fulfills the requirements of Rule 6.4.19 and <br />underlying statutory requirements. Given the findings noted above, as well as a <br />distinct lack of data showing that a blasting vibration standard that will "prevent <br />damage as slight as the aggravation of existing: minor cracks in plaster" is <br />insufficient to meet lighting equipment design tolerances, the Leonard Rice study <br />does not appear to substantiate that damage will occur to structures within 200 <br />feet of the affected area. We are current{y reviewing the Leonard Rice study with <br />the project consulting geotechnical and structural engineer, Lyman Henn, Inc.; <br />however, the November 10~' Leonard Rice study cannot negate or override the <br />operation of Minerals rules and statutes given the sufficiency of the prior <br />Applicant engineering submittals. <br />i <br />Thank you for your continued attantion to the important details of this project. <br />Please contact Banks and Gesso, LLC, at 303/274.4277 if additional information <br />or clarification is appropriate. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />~~ <br />Alex chatz <br />cc: Bob Lembke, CCDWP <br />Chris Hayes, Esq. <br />i <br />encl: 5H 119 Lighting Agreement, dated 21 November, 2000 <br />CDOT letter to Banks and Gesso, LLC, dated October 21, 2005 <br />