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r <br /> HAYDEN SPRINGS RANCH LLC <br /> 13601 CR 140 <br /> P.O. BOX 567 E <br /> Salida, Colorado 81201 <br /> (719) 239-1225 <br /> �EB 14 2p22 <br /> February 8, 2022 T�©N <br /> vV1Si0 G V SOEEV <br /> Division of Reclamation, Mining and Safety MIgmPAD <br /> 1313 Sherman St. <br /> Room 215 <br /> Denver, Colorado 80203 <br /> Re: ACA Products, Inc. <br /> Construction Materials Regular(112) Operation Permit Application <br /> For R.B.Pit, dated December 29, 2021 <br /> Dear Division of Reclamation, Mining and Safety, <br /> Please consider these comments as reasons to deny the referenced Application. <br /> Hayden Springs Ranch borders the Holman property upon which the proposed surface mining has been <br /> applied for by ACA. Exhibit 0 of the Application indicates our Ranch property is affected by the mining <br /> operations. We hereby object to the granting of the Application for the reasons stated below. <br /> Presently ACA has no legal method to deliver the mined material from the subject property on any <br /> public road adjoining the Holman land, and therefore the referenced Application should be denied. The <br /> Application indicates at #10 the "Primary Mine Entrance Location" as Latitude (N) 38.53769 Longitude <br /> (W) -106.14258. This location is at the terminus of CR 140 (Chaffee County). As such, this location is in <br /> direct violation of Chaffee County Resolution 2017-58, Section 1. (j) which prohibits any "incidental use <br /> of CR 140 or CR 250 in connection with the operation" of the gravel pit. The Resolution was included in <br /> Exhibit M of the Application. <br /> During the Land Use Change Application with Chaffee County, ACA was unable to demonstrate a safe <br /> and adequate access for the mining operation to the Holman property by use of CR 140 and CR 250. <br /> Consequently, ACA submitted the attached letter dated July 28, 2017, which stated the access to the <br /> proposed surface mine would proceed south across the Holman property to Colorado State Highway 50, <br /> thereby not requiring use of CR 140 and CR 250. As a result, Chaffee County imposed conditions upon <br /> ACA in granting the Change of Land Use at Section 1. (a) of the Resolution which required ACA to "apply <br /> for and receive a CDOT access permit to address the impacts to Colorado State Highway 50, and (ACA) <br /> shall provide opportunity for(Chaffee) County to provide feedback on the application permit". To date, <br /> ACA has no legal right to use Highway 50 for the gravel pit operation, nor has ACA provided Chaffee <br /> County an opportunity for feedback on ACA's proposed use of Highway 50 for a surface mining <br /> operation. <br />