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j -~ ~ i <br />A Mining Plan Problem at Daniels Sand Pit #2 <br />Permit #: M-73-007 <br />DcSCRIPtiONGF PRG1sLEivi: <br />As a result of mining a slope on the east side of Phase le (current permit phase) the <br />highwall broke back at the top further than expected. The top of the slope has transgressed the <br />permit boundary by an average of about 10 feet. The maximum amount of incursion into <br />unpermitted land is about 20 feet. <br />On separate sheets are two photographs that show the incursion. On the photocopies of <br />each photograph, the permit boundary, as nearly as can be determined, is indicated. This <br />permit boundary very neazly followed the fence line that was destroyed as a result of the slope <br />collapse. <br />Also enclosed is a portion of the permit map. On that map is indicated the location of <br />the incursion. However, the collapsed azea is too narrow too effectively show on the map. <br />The area of disturbance outside of the permit boundary is estimated to be approximately <br />0.12 aaes (5500 sq feet). As can be seen in the photographs the area has a highly irregular <br />shape and therefore is very difficult to accurately measure. This azea is based upon the length <br />of the azea that is outside the permit boundary (that can be determined) multiplied by an <br />estimated average width of 10 feet. <br />OTHER RELEVANT FACTS: <br />Land ownership.• The land into which the unpermitted disturbance extends is owned by <br />Continental Materials. Continental Materials is the parent company of Transit Mix Concrete <br />and is the land owner of the land covered by the existing Daniels Sand Pit /12 permit. <br />Pending Amendment: The affected land is included in the amendment submitted to the <br />Division last year. That amendment application is currently on hold until special use approval <br />can be acquired from EI Paso County for the mining operation. That special use application is <br />still in preparation, but is expected to be submitted by early June. The reason for the long <br />delay in submitting that application will be discussed later. <br />Daniele Pit 2 Problem April 28, 1993 Page t of 4 <br />