2016-04-18_PERMIT FILE - M2016010 ‎(17)‎

• Permit No: M2016010
• IBM Index Class Name: Permit File
• Doc Date: 4/18/2016
• Doc Name: Letter of Opposition
• From: Alderman Bernstein
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

ALDERMAN BERNSTEIN
Carrie S.Bernstein [e-mail]
720.460.4203
April 18, 2016
VIA U.S. MAIL/HAND DELIVERY:
Amy Eschberger
Colorado Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
RE: OBJECTION TO APPLICATION FOR PERMIT NO. M2016010
Ms. Eschberger:
Our law firm represents Cheryl L. Kimble. Ms. Kimble owns two twenty acre lots (Lot
050 and Lot 079)within the Eagles Nest development in El Paso County(the "Kimble Property"),
adjacent to the property commonly referred to as Hitch Rack Ranch. We have reviewed the
Reclamation and Mining Application submitted by Transit Mix Concrete Company, Permit No.
M2016010, dated Feb. 19, 2016 ("Application"), which seeks a permit to conduct mining
operations on the Hitch Rack Ranch, which is bisected by a private road commonly called Little
Turkey Creek Road. Importantly, the Kimble Property can only be accessed by way of Little
Turkey Creek Road, which runs through the Hitch Rack Ranch from Highway 115. A map
designating the Kimble Property and Little Turkey Creek Road from Hwy. 115 through sections
15, 16 and 17 is attached as Exhibit 1. This letter is Ms. Kimble's formal objection to the
Application.
History of the Kimble Property and Little Turkey Creek Road
The Kimble Property is part of the Eagles Nest subdivision. The Eagles Nest subdivision
was initialed created in the 1960s and was subdivided into 40 lots. The area now includes 36
lots. Ms. Kimble owns two of the lots within the Eagles Nest subdivision (Lot 050 and Lot 079).
The only access to the Kimble Property, and in fact, all of the Eagles Nest subdivision, is from
Highway 115 via Little Turkey Creek Road, that runs through the Hitch Rack Ranch and the
proposed quarry operation.
In 1968, the El Paso County District Court ("Court") declared that Little Turkey Creek
Road is a private road to provide the only means of ingress and egress to the properties within
101 University Bou`evard,Suite 350 1 _( r;?r Cn.(c,r +;�80206 i Phon. 72o.460.4200 I Fax[phone]