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--�in• <br /> Transit Mix Concrete Co. <br /> Objections related to Little Turkey Creek Road and the easement <br /> Objection: Original application still under judicial review and there is no provision which allows for two <br /> applications for the same property to be active at the same time. <br /> Response:The appeal of a previous application does not preclude filing for a new permit, especially <br /> where, as here, there is a different factual predicate for the second permit application. <br /> Objection: TMCC has not provided documentation of legal right to enter based on the Attorney <br /> General's comments in the first hearing. This has not been resolved in court so the Division should <br /> recommend denial. <br /> Response: Please see Exhibit N to the permit. The information submitted with the permit is sufficient to <br /> establish the legal right to enter and conduct mining operations on affected lands. <br /> Objection: The application does not demonstrate a legal right to enter. The forced closure of Little <br /> Turkey Creek Road during blasting operations will violate the dominant estate holder's (property owners <br /> in the Eagles Nest development)easement. The issue has not been settled in El Paso District Court; <br /> therefore,TMCC has not met its burden of proof. <br /> Response: Responses to easement comments are provided in the attached document from Hogan <br /> Lovells. This document clearly establishes the applicant's right to enter the property and conduct <br /> mining operations. In addition, please note that(i)the easement is not dominant in relation to the <br /> mineral interest held by Transit Mix, and (ii)there is no requirement to adjudicate potential land use <br /> disputes (that are outside the jurisdiction of the Mined Land Reclamation Board) as a prerequisite to <br /> issuance of a mining permit under Section 112. <br /> Objection: The application fails to prove that mining operations will not damage Little Turkey Creek <br /> Road, a structure within 200 feet of affected lands. <br /> Response:An engineering evaluation included in Exhibit S demonstrates that Little Turkey Creek Road <br /> will not be damaged by the mining operations. <br /> Objection: The plan to secure the road during blasting operations may prevent emergency services <br /> from reaching residents during a medical emergency. The letter also implies that the quarry will impede <br /> firefighting efforts in the event of a wildfire. The letter also claims that the use of a medical helicopter <br /> may not be possible due to the quarry operation. <br /> Response: Transit Mix has revised the details of the Blasting Plan to more clearly address emergency <br /> services access through the quarry area. Transit Mix will work with the emergency services providers by <br /> opening gates,securing the road, and halting nearby operations so that emergency crews can pass <br /> through the area unimpeded,which will only improve response time. The Blasting Plan specifies that <br /> emergency services providers will be notified the day of a blast, and if there is an emergency,Transit <br /> Mix has committed to delaying the blast so the emergency providers can pass through the area <br /> unimpeded and will refrain from blasting until the emergency situation has come to complete <br /> Hitch Rack Ranch Quarry Response to Comments <br /> March 9,2018 14 <br />