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Staff responded to Ray Scent's questions regarding the 82"d Avenue access route <br />to Wild Turkey Mines. <br />Director Boling felt, given Attorney Collins' opinion, and since mines were only <br />going to be allowed in the agriculturally designated areas, that Item (4) should perhaps be deleted <br />from Section #11 of the Ordinance. <br />Chairman Davis sought the opinion of Attorney Collins, who had historical <br />knowledge of the Godfrey Mines situation, and learned that Attorney Collins would not want to <br />repeat the situation with Godfrey Mines again. He then sought staff's preference, and Director <br />Boling advised that the existing section of the Ordinance was unclear, and he would rather not <br />have Item (4). <br />Attorney Collins added that if Item 4 was removed, a mine owner would be <br />restricted to operations in the agricultural areas, but could access local collector or arterial <br />roadways, and it would eliminate all of the interpretation questions. <br />Susan Boyd, 8025 25th Street, required clarification on the proposed change. <br />Attorney Collins explained that the proposed change would allow access only onto <br />arterial or collector roads from a mine. As the Ordinance currently exists, a mine can also access <br />local roads, if it is in an area designated for non-residential uses, such as the agricultural <br />designations. He discussed Mr. Godfrey's case, where because another provision in the Code <br />mandates a 300 -foot separation from any adjacent occupied structure, Mr. Godfrey was not able <br />to access the collector road. He noted that Mr. Godfrey had been able to access the local road, to <br />34 <br />December 19, 2008 <br />Special Call Mining Regulations <br />