PERMFILE108985

• Permit No: M1999004
• IBM Index Class Name: Permit File
• Doc Date: 6/4/1999
• From: JAMES E LOCKHART
• To: DMG
• Media Type: D
• Archive: No

~une.4, 1999 3:06 PM From: James E. Lockhart _ _ Fax #; 71985-0045 ~ge 2 of 6
• III IIIIIIIIIIIII III
999
James E. Lockhart
1718 Loraine St. Apt. B4
Colorado Springs, CO 80906
[phone]
June 4, 1999
Colorado Division of Minerals and Geology
1313 Sherman St., Room 215
Denver, CO 80203
Dear Sirs:
I am commenting on behalf of the Pikes Peak Sierra Club Group regarding the proposed
Castle Concrete quarry on Table Mountain in Fremont County, Permit No. M-99-004, presently
before the Mined Land Reclamation Board (hereinafrer refered to as the "Board"), On March
22, 1999, I submitted comments regarding several impacts which the quarry would have upon users
of the Table Mountain Slate Trust Land Parcel, curen[ly leased by the Colorado Division of
Wildlife under its State Trust Lands program. I also expressed concern regarding the notice given
to the public regarding the proposed quarry. In light of further infornation obtained at the May
13, 1999 informal conference and further infornation provided by Mr. Mark Heifner representing
Castle Concrete, we feel that it is not appropriate for the Division of Minerals and Geology
(hereinafrer referred to as the "Division") to grant the application at this time, due to Lack of
adequate notice to potentially concerned individuals. The public did not receive adequate notice
of either the application itself or the enormous public impact that the quarry would have.
However, we are unclear as [o whether the defect in notice is due to failure of Castle Concrete to
adhere to Division regulations, or whether the regulations themselves are insufficient. In [he
former case, requiring Castle [o reapply and republish notice of its application would be the
appropriate remedy..If, on the other hand, the Division concludes that Castle has complied with
Division regulations, the proper remedy is to revise these regulations to prevent a recurence of the
problem.
We feel that a formal hearing of otu concerns is not necessary and are therefore notifying
you of our withdrawal as parties. A written confirmation of this will be mailed to you along with a
copy of these comments. VVe trust that the Division will consider the following comments in
determining whether the quarry application should be approved.
1. Public impacts resulting from quarry operations.
The proposed quarry is located on three sections of S[a[e land at the center of the Table
Mountain State Trust Land parcel, an area of approximately 11,000 acres cturently leased by the
Division of R'ildlife and open to the public for wildlife recreation. It appears that Castle Concrete
has consistently misunderstood the terms of the wildlife lease and that this misunderstanding has
led i[ to misstate the extent to which the proposed quarry would conflict with existing public uses,
both before the Division and before [he Fremont County Commissioners. In a letter to me dated
May 25, 1999. Mr. Mark Heifner, the ecologist who prepared the Table Iv)oun[ain quarry
application, states that in a letter from Mark Davis of the Colorado State Board of Land
Commissioners, it is "clearly pointed out [ha[ any party entering Table Mountain land managed by
that agency without a purpose specifically delineated in one of the many leases constitutes a
trespass. Although in [he past the area has been open [o hunting under the Division of Wildlife
lease, using the land for purposes other than hunting is inappropriate." The letter refered to,
addressed to Marshall Butler of the Fremont Count}• Planning and Zoning Department, in fact
states that "These acres are open under the Access Program from September 1st to h4ay 31st and
horseback riding is only allowed during big game hunting season." The Division of Wildlife State