2014-01-14_REVISION - C1983059 - Laserfiche WebLink

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THE LER W NSSIIRM,P.c. January 14, 2014 ALAN N. HASSLER, ATTORNEY AT LAW Ms. Julie Murphy Via email to Julie.Murphy @state.co.us Assistant Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway 71I' Floor Denver, Colorado 80203 Re: Terror Creek, LLC Terror Creek Loadout Facility Permit c- 1983 -059 Hutto Objections and Comments Dear Ms. Murphy: Thank you for arranging last Thursday's meeting at Bowie, Colorado. Among other items, we discussed the Agency's jurisdiction over the issue set forth in the Objections filed on behalf of the Margie E. Nelson Trust, dated February 26, 2013. The Agency advised it does not have jurisdiction over Issue 2, concerning the Applicant's lease of the shop building and parking to an unrelated trucking company, and Issue 3, concerning that lease, and the mine company's authority to cross the Fire Mountain Canal. Based upon discussion, the Margie E. Nelson trust hereby withdraws Issues 2 and 3 from its Objection. While the Agency is disclaimed jurisdiction over Issue 4, we believe that the question remains. This particular road was a state highway, which the State attempted to turn over to the County. No one is clear, at this moment, of who owns the road. I will continue investigation to determine wether the State or the County has jurisdiction over the road, so that we can make an informed decision about waiver. The Trust continues its Objection to Notice, as it is within the Agency's jurisdiction. We are attempting to resolve Issue 1, concerning the actual location of the gate, with respect to the Applicant, its Lessee, and the Margie E. Nelson Trust. We understand that the Applicant has requested a delay in the State's consideration of its permit application, in hopes of resolving the issue. 2829 NORTH AVENUE, SUITE 205 (8150 1) TLLLPHONE (970) 243 -2952 POST OFFICE Box 40386 TLLLCOPIER (970) 243 -2990 THEH�ASS ER GRAND JUNCTION, COLORADO 81504 FIRM, PC