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Division Response <br />The right of way is a county requirement and not a requirement of the Construction <br />Materials Rules and Regulations or the Act. This issue does not fall under the <br />jurisdiction of the Division. <br />3. Inconvenience and Aesthetics for the Neighbors <br />The Gundersens state that the operation will have a negative impact to their view and the quality of life <br />they currently enjoy and that they will be inconvenienced in having to move to find a similar <br />environment in which to live. <br />Division Response <br />The Construction Materials Rules and Regulations and the Act do not address aesthetics issues related <br />to gravel operations. <br />3. Success of the Proposed Site with Regard to Agriculture <br />The Gundersens state that the site is a choice piece of irrigated land. They state that the adjacent <br />properties are successful agricultural properties and the condition of the site in question is a result of <br />poor management. <br />Division Response <br />The Construction Materials Rules and Regulations and the Act do not address alternate land uses for <br />proposed gravel operations and as long as area zoning permits the operation, the Division has no <br />jurisdiction to state that the land should be put to other use. <br />5. Legal Actions against other Operations <br />The Gundersens state that other gravel operations in the area are experiencing problems with neighbors <br />and lawsuits. <br />Division Response <br />The Construction Materials Rules and Regulations and the Act do not address issues related to other <br />gravel operations in the area that are permitted by operators other than the one related to the permit <br />application. <br />III. DIVISION RECOMMENDATION <br />It is the Division's determination that the Applicant has fulfilled all of the minimum requirements for <br />approval of a reclamation permit for the Rock Dog #1 site. The Division recommends approval of the <br />permit with the following stipulations: <br />