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<br />Lastly, the letter from Mr. Gibbons requested specifics about how often dust suppression <br />measures will be used and under what circumstances. In reality, there is no set <br />schedule that operators adhere to to keep dust under control. Dust suppression is <br />typically only needed during dry andfor particularly windy conditions. Logic suggests . <br />that during wet conditions, such as during or after a rainstorm, dust control measures are <br />not needed. Dust generation is measured by opacity tests. Once opacity reaches a <br />certain point, (usually a 10% factor of opacity, as per the requirements of the Air <br />Pollution Control Division Permits) dust control measures must be applied. In general, <br />operators will run a water truck around the site as needed, depending upon daily <br />conditions. Some days that can be once or twice, and on particularly dry and/or windy <br />days constant application of dust control measures is required. The key is.to stay within <br />the required permit limits, as defined by the Air Pollution Control Division of the Colorado <br />Department of Public Health and Enviroriment. Beyond the,above information, we are <br />not certain what more detail Mr. Gibbons is seeking. <br />3 -Precise Estimate of Mine Life -Our initial estimate of mine Iffe span was 5 phases <br />at 5 years each for a total of 25 years. The Colorado Division of Minerals and Geology <br />and the Colorado Mined Land Reclamation Board issues their 112 Regular Permits for <br />"The Life of the Mine°. They do this because they realize that the ability to forecast the <br />consumption of a market driven commodity is impossible. At best we can only estimate <br />based on what we know today. The total of 5 phases of 5 years each for a total of 25 <br />years is as precise as is possible given what we know about the potential market today <br />and we request that these figures be used as a forecast However, the permit should be <br />issued for tMe "Life of the Mine" so that the County permit runs.cpncurrent..with the~Sfate <br />penrrit. ., . , ... <br />At the last hearing, Mr. Gibbons volunteered,that perhaps the Plannin$,Camtrtission <br />could issue this Special Use Permit for a limited time of five years retherthan for the.. <br />"Life of the Mine' orfor the 25 years we have projected.. We strongly object to Phis <br />approach on.several grounds that must be considered by the Planning Commission. <br />First, such a limiting permit will have a severe impact on fnancing far both the properly <br />and the equipment and operating capital needed. Secondly, we do not feel that this <br />permit is any different from other mines that do not have such a severe restriction <br />attached to them. Lastly, this type of limited permit issuance is not applied to any other <br />type of business from Wal-Mart to Seven-Eleven or any other commercial or industrial <br />land use. Such a restriction would pose an undue hardship on the applicant Anyone <br />who has taken the risk to start a new business venture knows that raising. millions of <br />dollars in investment and operating capital is difficult and that investment needs to be <br />paid back from the business operating profits over time..This misguided and severely <br />limiting proposal as suggested by Mr. Gibbons would wreak havoc anthis project. We <br />respectfully ask the Planning Commission to reject this proposal by Planning Staff as it is <br />wholly unrealistic, unfair,.and discriminatory towards this applicant when compared to <br />other businesses. and the applicants potential competitors within the County. <br />4 -Revised Reclamation Ptan (for Cropland) - We are somewhat unclear what is <br />needed here. Prior to the deadline from Planning Staff to submit new material in this <br />case before our last public hearing, <br />m r `d. The application to the Colorado Division of Minerals <br />and Geology for the Regular 112 permit also states that the end-use wil! be "Cropland°. <br />A copy of the DMG application form is attached. The DMG application has been <br />reviewed and deemed complete by State DMG Staff. They are now proceeding with <br />4 <br />