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EXHIBIT S -Permanent Manmade Structures <br />1. General (Refer to Map S-1): <br />a. All occupied dwellings are more than 500 feet from the edge of the affected area. <br />b. Mining activities are limited by the County High Impact, Conditional Use Permit. <br />c. There will be no operations within the highway right of way, except improvements to the access road as <br />mandated by CDOT permit. No other landowner uses the access. <br />d. No impact on utilities or fencing is expected. <br />2. This Exhibit is the engineering evaluation as required by the Colorado Division of Reclamation, Mining, and Safety, <br />prepared by Nathan A. Barton, CE, PE, DEE, a licensed Professional Engineer in the State of Colorado. <br />a. Based on my (the engineer's) inspection of the site, the proposed mining operational activities and reclamation <br />activities proposed, and inspection of similar operations in the vicinity with similar soil, topography, and other <br />features, I (the engineer) hereby certify that the significant, valuable or permanent man-made structures are not <br />expected to be damaged or negatively affected by activities occurring at the mining operation. <br />b. There are a number of permanent manmade structures within 200 feet of the affected area, some of which <br />extend beyond that 200-foot limit. All significant, valuable or permanent man-made structures inside the permit <br />boundary have been analyzed for their significance, value, and permanence, and are included in this evalution. <br />c. All fencing inside the property is considered temporary and expendable by the landowner. <br />d. Soils: The soils on which the various permanent structures and the mining area itself are located range in <br />texture from cobbly loam to silty loam, are variable in depth but average about two feet thick, and underlain by <br />similar subsoils and Mancos shale. The soils do have some shrink-swell potential, but very low potential for <br />mass movement at proposed slopes of 3H:1V. <br />e. This evaluation was prepared based on site inspections and investigations conducted April through November <br />2007. <br />f. There are no proposed `final reclaimed highwalls" for this project; all highwalls will be reduced to a 3:1 or better <br />slope. <br />g. A 3:1 slope is a commonly acceptable slope and considered to be stable unless there are counter-indications, <br />for both the Mancos shale and alluvial materials found on the site and remaining as part of the final reclamation. <br />Observation of road cuts, trenching, cutbanks, and other features in the vicinity of the Mud Creek Pit and on- <br />site show no indications that a .3:1 slope would not be stable. <br />h. There are no proposed "final reclaimed waste piles" for this project. All acceptable wastes will be incorporated <br />into the reduction of the high walls as part of reclamation. <br />i. The only objects which might be defined as "final reclaimed embankments" that are proposed as part of this <br />project are items such as rock check-dams and naturally-present materials which are left in place and not <br />mined. These have side slopes of 3:1 or better and are incised, rather than constructed. Therefore, as with the <br />slopes (item b above), there is no reason to believe that any potential for embankment failure exists. <br />j. There are no geological structures or constructed earthen facilities on this project; therefore there are no <br />failures possible, and no potential for off-site impacts. <br />3. Detailed analysis of all permanent manmade structures within 500 feet (refer to Figure S-1 for letter designations, <br />which may refer to several related or adjacent structures): <br />Structure Description/notes Owner <br />A. Dugout (Pond) Small (0.1 acre) basin, mostly incised, provides limited livestock water, Landowner <br />designated wetland, located within 200 feet of affected land. <br />Evaluation This is located within a buffer zone which will not be disturbed. There are no problems based on <br />condition, use, and nature, and type of mining to be done. <br />Conclusion and This structure will not be damaged by proposed operations. <br />recommendations <br />