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Transit Mix Concrete Co. <br /> of Fact, Conclusions of Law, and Order" on December 22, 2016 denying the initial permit <br /> application. <br /> The Board denied the original 112 permit application based on three areas of stated concern. <br /> First, the Board concluded that the application was incomplete because Transit Mix had not <br /> demonstrated to the satisfaction of the Board (or shown that it does not need to demonstrate) a <br /> legal right to enter and initiate mining operation on Little Turkey Creek Road. Second, the Board <br /> concluded that the application failed to demonstrate to the satisfaction of the Board that the impact <br /> of the proposed mining operation on the prevailing hydrologic balance of the proposed affected <br /> land and the surrounding area and on the quality and the quantity of groundwater systems would <br /> be minimized. Third, the Board concluded that the application failed to take into account, to the <br /> satisfaction of the Board, the safety and protection of wildlife at the proposed site, including <br /> conservation of the Mexican Spotted Owl foraging habitats and potential nesting habitats, and <br /> turkey production areas. Transit Mix has since re-designed its planned mining operations, and <br /> now proposes a significantly reduced mine area. This downsized mine plan addresses these <br /> areas of concern and minimizes the potential impacts to the road easement, groundwater <br /> conditions, and wildlife. <br /> To address the issues identified in the Board order related to Little Turkey Creek Road,the revised <br /> Quarry plan will no longer intersect, use, or modify Little Turkey Creek Road in any way. The road <br /> will still be temporarily closed on an infrequent basis for safety purposes during blasting <br /> operations. As evidence of its legal right of entry to conduct mining operations, Transit Mix submits <br /> with this application copies of (i) its mining lease granted by the State of Colorado, (ii) a land <br /> patent granted by the State, which reserves surface access for mining the property, and (iii) a <br /> "Memorandum of Royalty Including Right of First Offer' executed by RMBC and recorded in the <br /> real property records of the County at Reception No. 216133903, confirming Transit Mix's right to <br /> enter upon and use the surface estate of the Ranch property for mining. <br /> To resolve any remaining questions about the hydrologic balance and quality and quantity of <br /> groundwater, Transit Mix has completed seven multi-level groundwater monitoring installations <br /> on the Ranch to better understand and account for immediate and future impacts to the prevailing <br /> hydrologic balance of the site and surrounding area. Data from these monitoring installations <br /> indicates that planned mining operations will intercept only a de minimis amount of groundwater <br /> relative to the prevailing hydrology at the site. Such water will be re-directed back to Little Turkey <br /> Creek with minimal evaporative losses using temporary settlement basins, all designed to <br /> minimize the already small impact on the hydrologic system. In addition,Transit Mix has consulted <br /> with the Colorado Department of Natural Resources, Division of Water Resources (State <br /> Engineer) regarding permitting and mitigation of impacts to groundwater at the proposed site. <br /> Transit Mix has submitted to the Colorado Division of Water Resources (DWR) a Form No. GWS- <br /> 27 application for a Gravel Pit Well Permit to permit the intercepted groundwater. Bishop-Brogden <br /> Associates (BBA) on behalf of Transit Mix submitted a Substitute Water Supply Plan (SWSP) to <br /> DWR and demonstrated that since there will be no depletions associated with mining at the <br /> Quarry, there is no need for a SWSP. <br /> Hitch Rack Ranch Quarry Permit Application <br /> October 3,2017 vii <br />