2006-06-12_REVISION - M1978314 (3)

Home Browse Search

Mined Land Reclamation Board June 12, 2006 Page 2 A. The Ranches Will Be Aa¢rieved By An Expansion Of The HIng Mountain Gravel Operation, And, Therefore, Should Be Granted Party Status. Pursuant to Rule 1.7.1 of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (the "Rules"), the Ranches request party status with respect to the Permit Conversion Application. To qualify as "parties" under the Rules, the Ranches must demonstrate that they are directly or adversely affected or aggrieved by the proposed expanded mining operation. Rule 1(34.1). Likewise, C.R.S. §34- 32.5-103(15) and Rule 1(4) define "aggrieved" to mean "suffering actual loss or injury, or being exposed to potential loss or injury, to legitimate interests, such interests include, but are not limited to, business, economic, aesthetic, governmental, recreational, or conservation interests." For the following reasons, each of the Ranches is aggrieved. First, the Ranches own property in very close proximity to the proposed gravel operation expansion. Colorado courts recognize that property owners have an interest in protecting their property from the adverse effects that will inevitably result from an expanded mining permit. See ~ Condiotti v. Bd. of Cty. Comm 'rs of the Cry. of La Plata, 983 P.2d 184, 187 (Colo. App. 1999) (zoning regulation). If the proposed expansion is approved, the value of the land and property at each of the Ranches will be adversely affected. Egeria Park is an area where concerned citizens, including the Ranches, have invested millions of dollars in order to protect and preserve a last and best bastion of large-scale traditional ranching and prime, landscape-scale private wildlife habitat. In addition, the Ranches (through their owners) have actively restored and preserved historic structures and landscapes that will be adversely affected by the proposed expanded mining operation. Second, the Ranches are in the cattle business, which, for the reasons discussed below, is likely to suffer economic loss as a result of the proposed expansion of the gravel operation. Third, the Ranches are used for recreational purposes, including hunting, hiking, horseback riding, snowmobiling, cross-country skiing, fishing and snowshoeing. Indeed, the Ranches are in a prime hunting corridor. Visitors to the area pay substantial amounts of money to hunt there, and hunting revenue supports much of the local economy. The expanded gravel operation's adverse impact on that recreational use will have an adverse economic effect on the Ranches. Fourth, the Ranches have granted conservation easements on their lands in order to preserve open space and wildlife habitat. The value of those conservation easements will be substantially diminished if the gravel operation expansion is approved. Fifth, the Ranches are located in Egeria Park, which is near Toponas, a highly valued scenic area that is enjoyed by Mr. Fisher and his family, Mr. Luppens and his family, guests from around the country and the world, other Routt County residents, and various Colorado \\\DE ~ 27060/0001- 265818 vl