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A. ISSUES WITHIN THE JUSRISDICTION OF THE DIVISION AND BOARD <br />1. Rule 1.3(1) - Public Inspection of Documents <br />The following objectors raised concerns on obtaining information for the project: <br />• Daniel, David, Milford and Valeta Rasmussen - We object to your putting this pit <br />in because of lack of information. We understand you purchased 240 acres in <br />section 28. There are 640 acres in a section. Which part of that section is this 240 <br />acres in? <br />• Irene Aragon and The Gonzalez's - We object to your putting this in because we <br />have not been told the exact location. <br />Division Response <br />These comments are related to Rule 1.3(1) of the Construction Materials Rules and <br />Regulations, which require except as provided in Paragraph 1.3(3) all applications, public <br />notices, inspection reports, documents, maps, exhibits, correspondence, tests, analyses, <br />records of actions or findings of the Board or Office and other information required under <br />this law or these Rules shall be promptly made available for inspection to any member of <br />the public at the offices of the Office, during its normal business hours. In addition, a copy <br />of the application is available for public review at the Prowers County Clerk and Recorder. <br />The applicant has provided the Division proof of publication, an affidavit of posting the <br />notice signs and an affidavit of posting the permit application at the Prowers County Clerk <br />and Recorder's Office. The Division is satisfied this issue has been resolved. <br />2. 6.4.19 Exhibit S - Permanent Man-made Structures <br />The following objectors raised concerns regarding the proximity of the project to <br />permanent man-made structures: <br />• Mrs. Hoss Inman - We also have been told there is 223 acres to locate this pit. It is <br />also very close to the Lamar Septic ponds. What is the danger there? <br />Division Response <br />The questions raised by the above comments are related to Rule 6.4.19(a)-(b) which <br />addresses mining operations that will adversely affect the stability of any significant, <br />valuable and permanent man-made structure located within two hundred (200) feet of the <br />affected land. The Applicant may provide a damage waiver signed by the person(s) having <br />an interest in the structure. If an agreement cannot be reached, the Applicant shall provide <br />an appropriate engineering evaluation that demonstrates that such structure shall not be <br />damaged by activities occurring at the mining operation. <br />The Lamar Sewer Lagoons are located more than two hundred (200) feet from the affected <br />land, and therefore do not require a damage waiver or an engineering evaluation. The <br />Division is satisfied that the above concerns have been addressed. <br />2