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<br />STATE OF COLORADO <br />MINE RECLAMATION BOARD <br />in the Matter of the Application ) <br />of ) <br />PIONEER SAND CO., INC., for a ) <br />Mining and Reclamation Permit ) <br /> <br />NBH LAND COMPANY, P. O. Box 2526, Colorado Springs, <br />Colorado 80901, owner of property nearby and adjacent to the <br />proposed mine, hereby objects to the granting of a permit as <br />applied for Pioneer Sand Co., Inc. for the following reasons: <br />1. Such application is apparently based upon CRS, <br />1973,. 34-32-110, as amended. However, as shown by Attachment 1, <br />the applicant went before the E1 Paso County Planning <br />Commission and applied for a Special Use Permit for such <br />mine for two tracts, totalling 25 acres. Applicant already <br />has one 10-acre permit for a mine in the same tract. Applicant, <br />therefore, has applied for the wrong type of permit. <br />2. Although the E1 Paso County Health Department <br />~ .i _ <br />reconunends dust control methods to be applied to the health. <br />road:; pursuant to Attachment 2, no dust control methods <br />using water are contemplated by the company; such control <br />methods are necessary to remedy the dust caused by applicant's <br />application. <br />3. The proposed operator does not have the legal <br />right: to enter upon any access road. The operator has <br />represented to the Planning Commission, County Commissioners, <br />and t:o this Board, that it will use the road known as "Pioneer <br />No. 9:" for access. However, the books and records of E1 <br />Paso County show that such road known as "Pioneer No. 4" <br />was vacated by a vacation plat filed for record on April 19, <br />1972, at Plat Book V2 at Page 27. The road to be used <br />consists of an easement granted by the Ward Family to Public <br />Service Company of Colorado, and applicant has shown no <br />assicrnment or grant of easement from Public Service or the <br />Ward Family to itself. <br />_.k, <br />