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ALDERMAN BERNSTEINAPR' 18 <br /> � �° <br /> DIVISION OF RECLAMATION <br /> MINING AND SAFETY <br /> Carrie S.Bernstein csb@ablawcolorado.com <br /> 720.460.4203 <br /> April 18, 2016 <br /> VIA U.S. MAIL/HAND DELIVERY: <br /> Amy Eschberger <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> RE: OBJECTION TO APPLICATION FOR PERMIT NO. M2016010 <br /> Ms. Eschberger: <br /> Our law firm represents Cheryl L. Kimble. Ms. Kimble owns two twenty acre lots (Lot <br /> 050 and Lot 079) within the Eagles Nest development in El Paso County (the "Kimble Property"), <br /> adjacent to the property commonly referred to as Hitch Rack Ranch. We have reviewed the <br /> Reclamation and Mining Application submitted by Transit Mix Concrete Company, Permit No. <br /> M2016010, dated Feb. 19, 2016 ("Application"), which seeks a permit to conduct mining <br /> operations on the Hitch Rack Ranch, which is bisected by a private road commonly called Little <br /> Turkey Creek Road. Importantly, the Kimble Property can only be accessed by way of Little <br /> Turkey Creek Road, which runs through the Hitch Rack Ranch from Highway 115. A map <br /> designating the Kimble Property and Little Turkey Creek Road from Hwy. 115 through sections <br /> 15, 16 and 17 is attached as Exhibit 1. This letter is Ms. Kimble's formal objection to the <br /> Application. <br /> History of the Kimble Property and Little Turkey Creek Road <br /> The Kimble Property is part of the Eagles Nest subdivision. The Eagles Nest subdivision <br /> was initialed created in the 1960s and was subdivided into 40 lots. The area now includes 36 <br /> lots. Ms. Kimble owns two of the lots within the Eagles Nest subdivision (Lot 050 and Lot 079). <br /> The only access to the Kimble Property, and in fact, all of the Eagles Nest subdivision, is from <br /> Highway 115 via Little Turkey Creek Road, that runs through the Hitch Rack Ranch and the <br /> proposed quarry operation. <br /> In 1968, the El Paso County District Court ("Court") declared that Little Turkey Creek <br /> Road is a private road to provide the only means of ingress and egress to the properties within <br /> 101 University Boulevard, Suite 350 1 Denver, Colorado 80206 1 Phone 720.460.4200 1 Fax 720.293.4712 <br />