- 17 - would impel a reasonable operator and landowner to consider factors such as minimizing disturbance to the neighbors. And we found credible the testimony of both a local operator who used 50-foot setbacks and one who used 100-foot setbacks. Questioning by Terrene’s attorney, though, brought out that the 100-foot setbacks were dictated by a real-estate developer who wanted to build roads around the pit once it was exhausted and filled with water, to accommodate what he was planning to call lakefront homes. Neither party suggested that what was left of the Hamblen Road property after it was mined out would be of interest to homebuilders, so we find it most likely that an operator would minimize setbacks to maximize his volume of minable material. Terrene claims that local industry practice is to leave 5-foot setbacks where not required by law. This seems rather small, and not in accord with the most credible evidence. We therefore find that a 10-foot setback on the western and northern edges is appropriate, and that a 25-foot setback on the eastern edge-- where there is a private road--would be most reasonable in light of the legally mandated 25-foot setback on the property’s southern boundary. The effect this would have on the volume of recoverable deposits is unclear, because the Geotest report does not describe its formula for calculating minable material in great detail. Therefore, we resort to an indirect, and necessarily imprecise,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 10, 2007