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+. '~•_ <br />• • <br />Mined Land Reclamation <br />Department of Natural Resources <br />Page 2. <br />r <br />#., <br />That the operation of this mine is in violation of 30. CFE Section <br />761.5 which stated that mining is prohibited within 10.0 feet of <br />a road right of way subject to a valid existing right on or <br />before May 3, 1977, our letter of April 3, 1980 refers to this. <br />which prohibits mining operations within 100 feet of a road right <br />of way. This rule has been violated since the operation began, <br />the expanded operation will increase the hazard, the scales are' <br />in the right of way, the operation requires that the truck move <br />across the public highway to the weigh scale. Actually, all the <br />right of way, all of the road are involved. This road is used <br />by the public, in general, by school buses and is extensively <br />used by the public. Our photographs show that the scale is in <br />the road. The property was purchased by Mr. and Mrs. Yorty for <br />the purpose of retirement, ~tilr. Yorty suffers from asthma, and the <br />mining operation is detrimental to his health, and the coal dust <br />bothers Mr. Yorty, at times when the coal dust settles over the <br />property. The operation pollutes the stream with oil and coal <br />dust. <br />We request that the application be denied for the reasons <br />herein set forth. Lde are attaching a copy of our letter to your <br />office, dated May 25, 1980, in which we have reiterated certain <br />objections, and would like to have the objections set forth there, <br />and that letter made a part of the present objections. <br />RLM/ik <br />cc: Mr. and A9rs. Edwin Yorty <br />Very truly yoursn, ~ <br />ROBERT L. McDOUGAL <br />G.A. SCORE <br />