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States, (e) the mining operation will adversely affect the stability of any significant, valuable, and permanent <br />manmade structure within 200 feet of the affected land, (~ operating on specific lands identified under this <br />article, and (g) the proposed reclamation plan does not conform to the requirements of section 3432.5-116. <br />The conversion application submitted by King Mountain Sand & Gravel does not meet any of the criteria in the <br />Act that would require the application to be denied. The Division cannot deny an application based on <br />accusations and complaints [hat are not entirely within the jurisdiction of the Boazd or office. The 2005 annual <br />fee and report were filed late; however, the late filing of an annual fee is not grounds for denying an <br />application according to the Act. <br />ISSUES RAISED DURING THE COMMENT PERIOD THAT THE DIVISION <br />BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />10. Conservation and Property Values: "The proposed gravel operation expansion, together with significantly <br />increased traffic and corresponding dust and other particulates, and the likely decrease in wildlife usage in <br />the azea, will inevitably compromise existing conservation easements totaling more than 3,000 acres held <br />by the Yampa Valley Land Trust, the Rocky Mountain Elk Foundation and Colorado Open Lands." <br />(Hogan & Hanson; June 12, 2006 & James WM. Stovall, P.C.; June 12, 2006) <br />11. Transportation and Safety Concerns: "The project proposed by King Mountain also will involve a <br />significant amount of haul traffic and a significant increase in buck traffic generally...In their current <br />condition, the existing roads simply cannot support that increased level of traffic." (Hogan & Hanson; <br />June 12, 2006 & James WM. Stovall, P.C.; June I2, 2006) <br />12. "Furthermore, the intersection of CR 3 and CR 5 poses a very serious safety concern..." (Hogan & <br />Hanson; June 12, 2006 & James WM. Stovall, P.C.; June 12, 2006). <br />13. Cattle Movement: "...expansion of the King Mountain gravel operation could have a severe economic <br />impact on the Ranch Owners' respective cattle ranching businesses." (Hogan & Hanson; June 12, 2006 <br />& James WM. Stovall, P. C.; June I2, 2006) <br />14. Aesthetic and Recreaticnal Concerns: "...the expanded operation of the gravel pit will cause a substantial <br />increase in noise. Likewise, the forecasted inaease in truck (and other vehiculaz) traffic will inevitably <br />result in increased dust, which will reduce visibility and impair the ability to enjoy the azea." (Hogan & <br />Hanson; June 12, 2006 &James WM. Stovall, P.C.; June /2, 2006) <br />