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Rationale for Recommendation to Approve 13
<br /> September 29, 2016
<br /> The following documents were submitted to the Division on this issue: 1) on April 18, 2016, Objection
<br /> from Carrie Bernstein of Alderman Bernstein LLC on behalf of Cheryl L. Kimble; 2) on July 14, 2016,
<br /> Exhibit N— Source of Legal Right to Enter from Cory M. Rutz of Otten Johnson PC on behalf of Transit
<br /> Mix Concrete Co.; and 3)on September 1,2016, Legal Analysis Regarding Impact on Little Turkey Creek
<br /> Road Easement from Amanda A. Bradley of Alderman Bernstein LLC on behalf of Cheryl L. Kimble.
<br /> Pursuant to C.R.S. 34-32.5-115(4)(e), the Board or Office may deny a permit application if the proposed
<br /> operation will adversely affect the stability of any significant, valuable, and permanent man-made
<br /> structure located within 200 feet of the affected land; except the permit shall not be denied if there is an
<br /> agreement between the operator and the persons having an interest in the structure that damage to the
<br /> structure is to be compensated for by the operator or, where such an agreement cannot be reached, the
<br /> Applicant provides an appropriate engineering evaluation which demonstrates such structure shall not be
<br /> damaged by the proposed mining operation.
<br /> The application identified several permanent and valuable man-made structures located within 200 feet of
<br /> the affected lands, owned by seven structure owners. Additionally,the application identified 43 easement
<br /> owners for the portion of Little Turkey Creek Road which crosses the affected lands.
<br /> Pursuant to Rule 6.4.19(a), the Applicant provided damage compensation agreements to the seven
<br /> structure owners and to the 43 easement owners for Little Turkey Creek Road. The proposed damage
<br /> compensation agreements were accepted and executed by four of the seven structure owners, including:
<br /> RMBC Group LLC; 2390 Paseo Corta Road LLC; Colorado Springs Utilities; and Black Hills Energy.
<br /> The proposed damage compensation agreements were accepted and executed by four of the 43 easement
<br /> owners for Little Turkey Creek Road, including: 2390 Paseo Corta Road LLC; Richard C. and Yvonne B.
<br /> Holden; Dana R. and Jodi G. Murphy; and Charles S. and Kay M. Kay.
<br /> The damage compensation agreements have been attempted for all structure owners, but attained only for
<br /> those listed above. Therefore, pursuant to Rule 6.4.19(b), the Division was authorized to accept the
<br /> engineering evaluation provided in Exhibit S of the application. The engineering evaluation was prepared
<br /> and certified by a Colorado licensed professional engineer. The engineering evaluation demonstrated to
<br /> the Division's satisfaction that no structure located within the boundary of affected lands or within 200
<br /> feet of the affected lands would be damaged by the proposed operation. Therefore, the Division is not
<br /> authorized to deny the permit application pursuant to C.R.S. 34-32.5-115(4)(e).
<br /> Additional measures of the proposed operation to protect the stability of Little Turkey Creek Road are
<br /> included in the blasting plan, submitted in Exhibit D; the stormwater management plan, submitted in
<br /> Exhibit G; and the geotechnical stability assessment, submitted in Exhibit 6.5.
<br /> The proposed mining plan commits to maintaining a 100 foot buffer from Little Turkey Creek and
<br /> Deadman Creek, with the exception of three crossings proposed for mine traffic. With regard to the
<br /> proposed crossings of Little Turkey Creek Road, the application demonstrates the intersections will be at-
<br /> grade crossings equipped with stop signs for mine traffic. Traffic on Little Turkey Creek Road will not be
<br /> required to stop. Establishing the intersection requires realigning Little Turkey Creek Road for
<br /> approximately 400 feet to remove unnecessary curves. This improves the sight lines on the road, which
<br /> makes the road safer and easier to travel. This road segment will be engineered and constructed following
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