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<br />Dust and smoke generated by earth moving equipment, haul trucks, <br />screens, crushers, batch plants, etc. is an item regulated under the <br />federal Clean Air Act. The Clean Air Act is administered in Colorado <br />by: <br />Colorado Department of Health <br />Air Pollution Control Division <br />4300 South Cherry Creek Drive <br />Denver, CO 80220 <br />phone: (303) 692-2000 <br />Quite frankly, I am not particularly conversant with the Clean Air Act, <br />so I would encourage you to contact the Health Department to make <br />inquiries regarding fugitive dust. <br />3. Is it legal for a gravel nit to be so close to a house? <br />This is essentially a land-use issue that is typically handled by the <br />planning and zoning branch of local government jurisdictions, in this <br />case, Jackson County. Documents in the Division's file for this pit <br />indicate that at the time this pit was permitted, a sand and gravel <br />extractive operation affecting less than 10 acres and extracting less <br />than 70,000 tons of mineral, overburden, or combination thereof during <br />any calendar year is a Use by Right in the Ranching District Zone of <br />Jackson County. The documentation further indicates that this pit is <br />located in the Ranching District Zone. The Mined Land Reclamation Act <br />does not specify a minimum set-back distance for houses or other <br />structures, but does state: <br />The mining operation will not adversely affect the stability of any <br />significant, valuable, and permanent man-made structures located <br />within two hundred feet of the affected, except were there is an <br />agreement between the operator and the persons having an interest <br />in the structure that damage to the structure is to be compensated <br />for by the operator. <br />Although I can see how dust and <br />problem for you, I did not observe <br />your house could be threatened. <br />noise from the pit could become a <br />any evidence that the stability of <br />If you have any questions, or if I can be of further assistance, please <br />contact me. <br />Sincerely, . <br />,i~i ~ ~jS''l/~ <br />Allen C. Sorenson <br />Reclamation Specialist <br />enclosure(s) <br />C:\WP51\RUSSELL <br />