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