2017-12-07_PERMIT FILE - M2017049 (100)

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December 1st, 2017 RECEIVED Ms. Amy Eschberger DEC 0 7 2017 Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 DM51oN of RECLAMATION MINING AND SAFEiY Denver, CO 80203 Ms. Eschberger, The Highway 115 Citizens Advisory Committee objects to Transit Mix Concrete Co.'s (TM)�a lication (M2017�49) to establish a quarry on Hitch Rack Ranch. The committee is comprised of property owners along Southwest Highway 115, an area that encompasses approximately 600 households and 1,700 residents, including Turkey Canyon Ranch (TCR), the Pinons of TCR, the Highlands of TCR, the Ridgewood Es- tates, Red Rock Valley Estates, the Eagle's Nest development, property owners along Little Turkey Creek Road and within the former Bauer's Ranch. The Mine Land Reclamation Board (MLRB) denied TM's initial application (M2016-010) in its written order dated December 20th, 2016. The current application, M2017-049, presents the same issues that caused the MLRB to deny the initial application. M2017-049 violates the dominant estate holder's easement rights, jeopardizes water resources and destroys the area's natural environment. The application fails to demonstrate that TM has a legal right to enter and initiate mining operations. Little Turkey Creek Road is an ingress/egress easement used by property owners in the Eagles Nest development to access their homes and properties. The forced closure of Little Turkey Creek Road during blasting operations will violate the dominant estate holder's (property owners in the Eagles Nest development) easement rights. The oral testimony provided by Mr. Scott Schultz (counsel for CDRMS) on Oct. 26th, 2016 during the MLRB Hearing and the written MLRB order dated Dec. 20th, 2016 clearly indicates that neither CDR MS nor the MLRB has the jurisdictional authority to resolve the legal dispute. To date, this issue has not been brought before the EI Paso District Court and, therefore, TM has still not met its burden to demonstrate it has ob- tained a legal right to enter and initiate mining operations. Furthermore, Little Turkey Creek Road is a man made structure that lies within 200 feet of affected lands, but the application fails to prove that mining operations shall not damage the road. Despite TM's repeated assertions in the application that the hydrological balance will be minimized, research by other subject matter experts indicates otherwise. The removal of massive amounts of granite is most likely to disrupt the recharge of the fractured rock wells that property owners depend upon. Even minimal disturbance of the hydrological balance could prove catastrophic, and permanent, for well owners both upstream and downstream. There is no alternative source of water. Ultimately, the burden and ex- pense to prove that TM's actions damaged a well will be bome by the well owner. Addi-