2017-12-21_PERMIT FILE - M2017049 (105)

Home Browse Search

Receive,) Mullilzen Weiner Berg & Jolivet P.C. DEC 212017 Attorneys at Law 'NISION 0r CLAWTION MINING A,q SAFE7 y Steven K Mulliken Alamo Corporate Center Emory G Allen Murray 1. Weiner 102 South Tejon Street, Suite 900 Paul G. Kloster Caroleen F Jolivet Colorado ~prinks, Colorado 80903-2235 Hilary A. Roland Karl A Berg, Jr Trevor J Young Telephone (719) 635-5750 Of Counsel Facsimile (719) 635-8"o6 Janet K Williams www.1111thLenlaw com niulhl en(a indikenlaw.com December 19, 2017 Via Federal Express Ms. Amy Eschberger Colorado Division of Reclamation, Mining and Safety ("CDRMS") 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Objection to the Hitch Rack Ranch Quarry, Permit Number M2017-049 Dear Ms. Eschberger: Samuel K. Wells and I currently serve as Co-Trustees of the Barbara Ingersoll Marital Trust established by Article 7 of Amended and Restated Trust Agreement of the Harold C. Ingersoll Revocable Trust dated August 11, 2008 (the "Trust"). Harold (Buck) Ingersoll, prior to his death, owned a 300-acre ranch off Highway 115 which is adjacent to the land which is proposed to be mined by Transit Mix Concrete Co. ("Transit Mix") under the Construction Materials Regular (112) Operation Reclamation Permit Application dated August 16, 2017, and received by your office on October 5, 2017 (the "Second Application"). The Second Application was submitted after the Mined Land Reclamation Board ("MLRB") denied the first application submitted by Transit Mix dated February 17, 2016 (the "First Application"). As the Second Application is being processed, Transmit Mix is suing the MLRB for its denial of the First Application, asserting, among other things, that the MLRB acted arbitrarily. The Second Application is merely a temporary reduction in the size of the planned mining area, and the objections and evidence submitted in writing and presented at the hearing on the First Application, as well as the Answer Briefs filed in the judicial challenge to the denial of the First Application, are relevant to the Second Application and are incorporated herein by this reference. The Trust's Answer Brief is enclosed for your convenience. The Trust currently owns the Ingersoll Ranch, and this letter is to notify you of the Trust's opposition and objection to the Second Application and to respectfully request that the Second Application be denied. The Trust is an "aggrieved person" under C.R.S. § 34-32.5-114 entitled to file a written objection to the Second Application because its property risks injury and loss to its aesthetic and conservational interests as a result of the Second Application. See C.R.S.