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<br />Rule 6.4 15 Exhibit O- Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance <br />to be Mined <br />42. Page O-1 identifies Henry Braly of Longmont, Colorado as a surface and sand & gravel owner. <br />Please identify Henry Braly's ownership on Exhibit O and provide Western Mobile, Boulders legal <br />right of entry to mine on Braly's property. <br />Rule 6.4.16 Exhibit P- Municipa{ities Within Two Miles <br />43.On page P-l, the applicant states that the proposed expansion is located in unincorporated Weld <br />County. The proposed operation is located in Boulder County. Please correct this discrepancy. <br />Rule 6.4.19 Exhibit S- Permanent Man-Made Structures <br />44. The letter report and recommendations prepazed by Scott, Cox and Associates and included in <br />Exhibit S to the Lyons Pit amendment application recommends a horizontal mining setback from <br />man-made structures equal to three times the vertical depth of excavation. The Division can <br />stipulate without any further analysis that the recommended setback will be protective of most types <br />of man-made structures. However, map Exhibits C-i and C-3 provided with the amendment <br />application illustrate man-made structures, anticipated pit depths, and limits of extraction that <br />conflict in certain locations with the 3:1 horizontal setback distance versus excavation depth setback <br />criteria. The following analysis and recommendations aze provided in an effort to eliminate any <br />conflict and to establish safe and enforceable mining setbacks. <br />• Numerous man-made structures aze illustrated on map Exhibit C-1 as being inside and within <br />200 feet of the area of affected land. Review of the application indicates that there may be some <br />confusion as to what constitutes a significant, valuable, and permanent man-made structure. <br />Rule 1.1(48) of the Construction Material Rules and Regulations lists the following examples: <br />buildings, houses, barns, fences, above or below ground utilities, irzigation ditches, maintained or <br />public roads, bridges, railroad tracks, cemeteries, communication antennas, pipelines, water <br />wells, water storage impoundments, dischazge and conveyance structures. Maintaining a 3:1 <br />setback from each of the types of listed structures present within the proposed petYrtit area would _ <br />create substantial mining difficulties and loss of sand and gravel reserves. <br />• Typically, the Division does not apply structural protection setbacks to structures that are 100 <br />percent owned or controlled by the permittee. The proposed mining and reclamation plans, and <br />the maps provided indicate that numerous existing buildings and fences will be removed during <br />the course of the operation, and that a number of irrigation ditches, laterals, drain tiles, and utility <br />lines will either be relocated or eliminated. The applicant should list, Label or otherwise describe <br />which of the structures they own. Mining could occur without restrictive setbacks from owned <br />structures and relocation or removal could occur at the discretion of the Operator. For structures <br />that aze present within leased land, the Operator should obtain an agreement from the owner of <br />the structure that mining may occur within 200 feet or must maintain a 3:l setback from the <br />structure. For structures in which the applicant owns a share or a percentage, such as irrigation <br />ditches, a written agreement to mine within 200 feet or to relocate the ditch must be provided or <br />a 3:l setback maintained. <br />8 <br />