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BOOK 95 Fnc.F 24 <br />Chairman Macht inquired whether it would be necessary to <br />address the maximum height of a stockpile and wondered whether it <br />would be possible to stockpile a much higher level than 25 to 27 <br />feet. <br />County Engineer Roger Cain expressed his opinion that the <br />height of the stockpile is limited by the height of the equipment <br />being used, as well as the angle of repose in which sand will slide <br />down to where it reaches equilibrium and will not fall off anymore, <br />maybe 30 feet at the most. <br />Chairman Macht then inquired whether it would be practical to <br />put a safety limit of 35 feet on the height. <br />Commissioner Tippin felt that if the stockpile got much <br />higher, there would be an encroachment on the 150 foot setback as <br />the pile would just get wider and wider. <br />Deputy County Attorney William Collins drew the Board's <br />attention to Page 33 of the ordinance where the underlined text <br />says: ".....500' setback from adjacent occupied structures ...... <br />or a letter of no objection from affected occupants". Attorney <br />Collins felt that could be considered a delegation of police powers <br />to individuals on a case-by-case basis. If 500 feet is the <br />appropriate setback, then people on a case-by-case basis should not <br />be allowed to bargain for other things. Another point to be <br />considered is that the regulation reads: ".... the applicant shall <br />satisfy either .....". In the second case, with the 150 foot <br />setback, if the adjacent house is only 40 feet away, then you only <br />have 190 feet separation and the standard is 500 feet. If there is <br />no house, you need 150 feet and there would not be a problem. <br />Director Boling explained that staff had looked at projects <br />which were approved in the past where there have apparently been no <br />compatibility problems. If you apply the 500 foot separation from <br />an occupied structure in those instances, you would be 350 feet <br />into the project perimeter. If you go 350 feet into the project on <br />all 3 sides, there is no site left for the mining activity. We <br />have not had many proposals like Rebel Ranch where we had <br />stockpiles and a major driveway close to the perimeter; they <br />usually have been well inside the project. That is where the 150 <br />foot buffer would be appropriate. <br />Commissioner Bird wanted the Board to keep in mind that there <br />is a potential secondary use of these mining operations which is to <br />convert the site to residential use when the mining is completed. <br />24 <br />MAY 159 1995 <br />M M M <br />