Laserfiche WebLink
eliminate any conflict and to establish safe and enforceable mining <br />setbacks. <br />• Numerous man-made structures are illustrated on map Exhibit C-1 as <br />being inside and within 200 feet of the area of affected land. Review <br />of the application indicates that there may be some confusion as to <br />what constitutes a significant, valuable, and permanent man-made <br />structure. Rule 1.1(48) of the Construction Material Rules and <br />Regulations lists the following examples: buildings, houses, barns, <br />fences, above or below ground utilities, irrigation ditches, <br />maintained or public roads, bridges, railroad tracks, cemeteries, <br />communication antennas, pipelines, water wells, water storage <br />impoundments, dischazge and conveyance structures. Maintaining a <br />3:1 setback from each of the types of listed structures present within <br />the proposed permit azea would create substantial mining difficulties <br />and [oss of sand and gravel reserves. <br />• Typically, the Division does not apply structural protection setbacks <br />to structures that are 100 percent owned or controlled by the <br />permittee. The proposed mining and reclamation plans, and the maps <br />provided indicate that numerous existing buildings and fences will be <br />removed during the course of the operation, and that a number of <br />imgation ditches, laterals, drain tiles, and utility lines will either be <br />relocated or eliminated. The applicant should list, label or otherwise <br />describe which of the structures they own. Mining could occur <br />without restrictive setbacks from owned structures and relocation or <br />removal could occur at the discretion of the Operator. For structures <br />that are present within leased land, the Operator should obtain an <br />agreement from the owner of the structure that mining may occur <br />within 200 feet or must maintain a 3:1 setback from the structure. <br />For structures in which the applicant owns a share or a percentage, <br />such as irrigation ditches, a written agreement to mine within 200 <br />feet or to relocate the ditch must be provided or a 3:1 setback <br />maintained. <br />• A minimum 3:1 setback should be maintained from the edge of the <br />shoulder or embankment of any of the public roads azound the site <br />perimeter such as Highway 36, Hygiene Road, and 61st Street. <br />DMG Adequacy Review Response Page 18 <br />