2017-12-20_PERMIT FILE - M2017049 (32)

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I also object to the Colorado Division of Reclamation Mining and Safety(CDRMS)continuing to consider this new permit application M2017049 in light of the denial decision of permit application M2016010 which clearly stated that Transit Mix failed to provide the Right of Entry to Conduct Mining from the Dominant Estate Easement Owners of Little Turkey Creek Road of whom I am one. Transit Mix was instructed in that decision by the CDRMS Board and earlier by the Colorado Attorney General's CDRMS Council,Scott Schultz,to either 1)Submit a Declaratory Judgement, 2) Submit legally binding agreement of all easement owners or 3) Modify their permit such that it does not conflict with the 1968 Decree. Transit Mix knew these options as early as September 2016 and from the Board Decision in December 2016. Transit Mix has not taken any steps to seek the required Declaratory Judgement, has not communicated with me or my attorney concerning an agreement, and has submitted this application (M2017049) which clearly conflicts with the 1968 El Paso County District Court Decree of Civil Action No. 54701 (for example, it will close Little Turkey Creek Road which the Decree prohibits). It is a full year later. Transit Mix seeks to abuse the CDRMS application process for the sole purpose of costing the objectors more money and time to argue an application that is on its face incomplete and contrary to law. They have not made any good faith actions to remedy this deficiency. CDRMS should be ethically bound to declare this application incomplete or to deny it outright for this single obvious flaw. The September 2016 opinion of Attorney General Scott Schultz advises that CDRMS does not have sufficient jurisdictional authority to adjudicate private property rights set out in the 1968 Decree. Taxpayer dollars should not be wasted on this frivolous attempt to abuse the affected and interested parties to this permit application. I respectfully request CDRMS to quickly reject this intentionally incomplete application or to deny it without further consideration. Size of Permit Area is contradictory and is cited as 398.88 acres in M2017049, larger than the denied permit area of 392.75 acres in M2016010. While Transit Mix asserts that they have substantially reduced the size of mine area,the maps lack sufficient identification of 200 feet from the affected area, depiction of Little Turkey Creek road in some cases(as required in Section C) and inconsistencies. I assert that the Little Turkey Creek Road is a valuable man-made structure within 200 feet of the affected area and may at times be inside the affected area once the maps are made accurate and consistent. The road is not always shown as is required in section C. Therefore, it is difficult to identify its relationship to the affected lands and the permitted lands as well as other items of concern that affect the road. It seems that Transit Mix is trying to permit most of section 16(basically the amount of acreage as in M2016010 that was denied) but without giving any information about half of the land or their plans for it. This is either a mistake that should be corrected or is a ploy for the County rezoning and special use permitting and should not be condoned by the State. I refer you to the details from Nancy Reed on the mapping inaccuracies and inconsistencies. Further,Transit Mix attributes ownership of culverts and gates to the Hitch Rack Ranch. I researched with owners in Eagles Nest during the 1960s whether the Hitch Rack Ranch had ever contributed any money,work or materials toward the gates into or out of section 16. My findings were that they had not. The gates are not on Hitch Rack Ranch property. The Ranch also did not contribute any money, work, or materials toward the culverts of which they claim ownership. The culverts and above gates have from the 1960s to present been entirely an expense of either the Eagles Nest owners or in the case of the culverts, Charles and Nancy Reed. The culverts are not permanently attached to the land and are not property of the Hitch Rack Ranch. The culverts are also a valuable man-made structure and require a structure agreement with Reeds. y