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

• Permit No: M2017049
• IBM Index Class Name: Permit File
• Doc Date: 12/21/2017
• Doc Name: Objection
• From: Steven Mulliken
• To: DRMS
• Permit Index Doc Type: Objection Received
• Email Name: AME
• Media Type: D
• Archive: No

Objections to Permitting Hitch Rack Ranch Quarry
Permit Number M-2017-049
TO: Ms.Amy Eschberger Lead Specialist
Colorado Division Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
FROM: Jerry P. Moore
15836 Spanish Peak Vw.
Colorado Springs, CO 80926
832-875-7030
[e-mail]
I object to the approval of the application for Permit Number M2017049
for Hitch Rack Ranch Quarry. The application fails to address easement
rights of property owners along Little Turkey Creek Road,fails to
protect water resources, and fails to protect existing wildlife habitat. I
will expand on each of these issues below.
Legal Right of Entry to Initiate Mining Operations
The primary objection to this application is that Transit Mix has not and cannot
show it has legal right to obstruct and realign an access easement owned by Ms.
Kimble and others.The Board denied Transit Mix's first application in part because
Transit Mix failed to meet its burden to demonstrate that it has obtained the legal
right of entry to initiate mining operations on the Little Turkey Creek Road.
In the previous hearing a letter provided by Assistant Attorney General Scott Shultz
stated that"DBMS does not have the jurisdictional authority to adjudicate private
property rights". A condition for approval of the application would be to obtain (1)
a declaratory judgment order from El Paso County District Court or a legally binding
agreement with all owners of Little Turkey Creek Road (2) Modify application to
where terms of application do not violate easement.
Transit Mix has clearly failed to meet any of the required conditions to prove that
they have obtained the legal right of entry to initiate mining operations on the Little
Turkey Creek Road.