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<br />to the Division of Wildlife for identification. The Neighbors have raised this same issue <br />before the local authority and despite a letter from the local DOW representative stating <br />that Lynx are not a concern at this location; they have raised it again here. See <br />attachment from DOW. <br />2. Value of the neighborhood for residential and agricultural uses <br />The Neighbors claim that the proposed Gravel Pit will substantially degrade the <br />value of the neighborhood for residential and agricultural uses, citing in particular issues <br />with noise and dust. Economic impacts fall outside the jurisdiction of the Board. <br />Likewise, the Board's jurisdiction does not extend to noise or dust.2 <br />3. The Health, Safety, and Welfare of the Neighbors <br />The Neighbors also cite claimed serious health effects they may suffer as a result <br />of the dust from the Gravel Pit. As with the impacts of dust on the economic value of the <br />neighborhood cited at (2), above, dust falls outside the jurisdiction of this Board. <br />II. Statutory Authority <br />The neighbors cite C.R.S. § 34-32.5-115(4)(e) as a pertinent reason why a permit <br />application should be rejected. Barring one of the enumerated reasons, none which are <br />cited here, for rejecting a permit application section 115(4), application shall be granted <br />by the board or office. As grounds for rejecting an application, subpart (e) states, in <br />pertinent part, the following: <br />(e) The mining operation will adversely affect the stability of any significant, <br />valuable, and permanent manmade structure located within two hundred feet of <br />the affected land <br />(Emphasis added). What the Neighbors neglect to mention in their Objection is that <br />despite their "close proximity" to the proposed Gravel Pit, none of the Neighbor's homes <br />are within statutorily-prescribed two hundred feet of the proposed gravel pit. See the <br />attached map with the distances from the closest man made structure marked on the map. <br />Consequently, this statutory provision simply does not apply to the case at hand, and it <br />cannot constitute grounds to reject the Application. Referring to the attached map, the <br />gravel pit would be no closer than three hundred forty feet from the nearest Neighbor, the <br />Santees. Moreover, the Applicants have agreed to new buffers to mitigate noise concerns <br />of the Santees. The boundary line was moved after a meeting with Santee during the <br />summer of 2009. <br />The Neighbors also cite C.R.S. 34-32.5-115(c) as a pertinent reason why the <br />Gravel Pit application should be rejected. It states that: <br />2 Except, possibly, to dust caused by eroding berms or spoils piles, neither of which are at issue here.