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Permanent Man -Made Structures within 200 Feet of the Affected Land <br />1. Charter Oak Ranch Road <br />2. Fences and related structures <br />3. Unimproved roads <br />EXHIBIT S <br />Schmidt Construction Company believes that the mining operation, as proposed, will not <br />adversely affect any of the permanent, man -made structures located within 200 feet of the <br />affected area. However, the applicant has provided (see attached) evidence of agreement for <br />compensation with the United States Government, Fort Carson Military Reservation, in the event <br />of damage to roads, gates, fences, or other structures within 200 feet. <br />The unimproved roads and fences and related structures are owned by either Fort Carson or <br />Schmidt Construction Company. Although it has not been possible to determine ownership of <br />Charter Oak Ranch Road from recorded documents, El Paso County has stated that "Charter Oak <br />Ranch Road is indicated as an El Paso County owned and maintained right -of- way ". The right - <br />of -way is described as a 60 -foot prescriptive road right -of -way. No mining will take place <br />within the right -of -way and no stockpiles will be placed in the right -of -way. Prior to mining or <br />reclamation activities within 200 feet of the road or right -of -way, Schmidt Construction <br />Company will either: <br />a) Provide a notarized agreement between the applicant and the person(s) having an <br />interest in the structure, that the applicant is to provide compensation for any damage <br />to the structure; or <br />b) Where such an agreement cannot be reached, the applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be <br />damaged by activities occurring at the mining operation. <br />Fountain Pit M -1982-155 <br />DRMS 112 Permit Amendment Revised in Response to Adequacy Review Comments Page 33 <br />