7/16/2018

•

State.co.us Executive Branch Mail- Re: Introductions

STATE OF
COLORADO

Randall - ONR, Robert <robert.randall@state.co.us>

Re: Introductions

1 message

Robert Randall - DNR <robert.randall@state.co.us>
Fri, Dec 29, 2017 at 8:28 AM
To: "Hybl, Kyle" <khybl@elpomar.org>
Cc: "Van Leeuwen - GovOffice, Jamie" <jamie.vanleeuwen@state.co.us>, "Hybl, Bill" <wjhybl@elpomar.org>, Johnie Abad
<johnie.a.abad@state.co.us>
Bee: Ginny Brannon <ginny.brannon@state.co.us>
Thank you for the introduction, Jamie. And Kyle, thanks for following up.

I'm out of the office this week but back In all next week. Johnie from my office (cc'ed) can help with scheduling, but I'll just
note that next Tues - Thurs are very open for me so hopefully we can find a time that works for you.

I look forward to talking with you. Happy new year!
Bob.

Bob Randall, Executive Director
Colorado Dept. of Natural Resources
(w) 303-866-3311 I (c) 303-319-6832
robert.randall@state.co.us
On Dec 28, 2017, at 12:33 PM, Hybl, Kyle <khybl@elpomar.org> wrote:

Thank you Jamie!

Hello Bob. May I give you a call to discuss? If so, are there windows of time which work better for you,
or do you have an assistant I may work with to get on your calendar?

Happy New Year!

Kyle

Kyle H. Hybl, Esq.
_President and Chief Operating Officer
<image00 1 jpg> El Pomar Foundation

·

10 Lake Circle / Colorado Springs, CO 80906
(719) 577- 5867 Office/ (719) 651-6305 Mobile

khybl@elpomar.org

<image002.png> <image003.png> <image004.png>
https:/lmall.google.com/mall/u/O/?ul=2&1k=c58f7f7992&jsver=_J 1L9cKFJg4.en.&cbl=gmell_fe_180710.15_p2&view=pt&cat=CORA&search=cat&th"'16 ... 1/2

001

 Stale.co.us Executive Branch Mail - Re: Introductions

7/16/2018

From: Van Leeuwen - GovOffice, Jamie [mailto:jamie.vanleeuwen@state.co.us]

Sent: Saturday, December 23, 2017 10:02 AM
To: Bob Randall - DNR; Hybl, Bill; Hybl, Kyle
Subject: Introductions

Hey there Bob! Thanks for a great conversation yesterday about Hitch Rack Ranch. Per our conversation I
am looping you in with my two dear friends Kyle and Bill Hybl who brought this matter to my attention. Any
wise advice or consult you could offer would be most appreciated! I will turn over to you all and let's go take
it from there.

Have a fantastic holiday weekend!

cheers...jamie

Jamie Van Leeuwen

Senior Advisor

A
W

COLORADO
Gov. John Hickentooper

P 303.866.3125 I C 720.272.4886
136 State Capitol, Denver, CO 80203
jamie.vanleeuwen@state.co.us I www.colorado.gov/governor

Under Colorado's Open Records Act (CORA). all e-mails sent by or to me on this state-owned e-mail
account may be subject to public disclosure.

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2/2

 State.co.us Executive Branch Mall - Re: Introductions

7/16/2018

•

STATE OF

Randall - DNR, Robert <robert.randall@state.co.us>

COLORADO

Re: Introductions
1 message

Robert Randall - DNR <robert.randall@state.co.us>
Mon, Jan 1, 2018 at 2:56 PM
To: "Hybl, Kyle" <khybl@elpomar.org>
Cc: "Abad - DNR, Johnie" <johnie.a.abad@state.co.us>, "Van Leeuwen - GovOffice, Jamie" <jamie.vanleeuwen@state.co.us>, "Hybl. Bill"
<wjhybl@elpomar.org>, Ginny Brannon <ginny.brannon@state.co.us>
Kyle,
I'm in a thing all day on Jan. 8, unfortunately, so let's do a call this Thursday at 1:30 if that still works for you. I will send calendar invite
now, and I'll also ask Ginny Brannon, DNR's Deputy Director and Director of our Division of Reclamation, Mining & Safety (cc'ed), to
join us.
Thanks again for reaching out on this. I look forward to talking with you.
Bob.

Bob Randall, Executive Director
Colorado Dept. of Natural Resources
(w) 303-866-3311 I (c) 303-319-6832
robert.randall@state.co.us
On Dec 31, 2017, at 3:35 PM, Hybl, Kyle <khybl@elpomar.org> wrote:
Hello Johnie,
Thank you for your assistance and Happy New Year!
How about a call on Thursday at 130? Or, if preferable, I am in Denver on Jan 8 and could make an in person meeting
on the 8th between 9-10 or sometime between 130-5.
If you send me an outlook invitation for either, I will accept. Thanks, in advance.
Kyle.

Sent from my iPhone
On Dec 29, 2017, at 12:51 PM, Abad - DNR, Johnie <johnie.a.abad@state.co.us> wrote:

Good Afternoon,
A13 Bob said he is pretty open Tuesday thru Thursday next week. The only times he is not available are
Tuesday, .January 2nd 8-10, Wednesday, January 4th 3-4 and Thursday, January 5th 3-5. Please let me
know if you can make it next week and a prefe1·red date and time and I'll set it up. If next week doesn't
work for you let me know and I'll find some other dates and times to choose from.
Thank you!
Johnie Abad
Executive Assistant I Executive Director · Robert Randall
Executive Directors Office

11.WjcoLoRADO

B:J..Y

DepAttmm1tof Natural Re$0wte,

0: 303.866.3311 Ext. 8670 IC: 720·670-0707
Johnie.A.Abad@state.co.us I

www.colorado.gov/DNR
https://mail.google.com/mail/u/O/?ul=2&ik=c58t7t7992&jsver=_J1 L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&cat=CORA&search=cat&th=16 ...

003

1/3

 State.co.us Executive Branch Mail - Re: Introductions

7/16/2018

On Fri, Dec 29, 2017 at 8:28 AM, Robert Randall - DNR <robert.randall@state.co.us> wrote:
Thank you for the introduction, Jamie. And Kyle, thanks for following up.

I'm out of the office this week but back in all next week. Johnie from my office (cc'ed) can help with
scheduling, but I'll just note that next Tues - Thurs are very open for me so hopefully we can find a time
that works for you.
I look forward to talking with you. Happy new year!

Bob.
Bob Randall, Executive Director
Colorado Dept. of Natural Resources
(w) 303-866-3311 I (c} 303-319-6832
robert. rand al l@state.co. us
On Dec 28, 2017, at 12:33 PM, Hybl, Kyle <khybl@elpomar.org> wrote:

Thank you Jamie!

Hello Bob. May I give you a call to discuss? If so, are there windows of time which
work better for you, or do you have an assistant I may work with to get on your
calendar?

Happy New Year!

Kyle

Kyle H. Hybl, Esq.
President and Chief Operating Officer
<'ma
e00 1 .
1
9

> El Pomar Foundation

.Jpg 10 Lake Circle/ Colorado Springs, CO 80906
(719} 577- 5867 Otlice / (719) 651-6305 Mobile
khybl@elpomar.org

<image002.pog> <image003.png> <image004.png>

From: Van Leeuwen - GovOffice, Jamie [mailto:jamie.vanleeuwen@state.co.us]

Sent: Saturday, December 23, 2017 10:02 AM
htlps:/lmall.google.com/mail/u/O/?ui=2&ik=c58f7f7992&jsver=_ J1 L9cKFJg4.en.&cbl=gmail_fe_ 180710.15_p2&view=pt&cat=CORA&search=cat&th=16...

004

2/3

 State.co.us Executive Branch Mail - Re: Introductions

7/16/2018

To: Bob Randall - DNR; Hybl, Bill; Hybl, Kyle
Subject: Introductions

Hey there Bob! Thanks for a great conversation yesterday about Hitch Rack Ranch. Per
our conversation I am looping you In with my two dear friends Kyle and Bill Hybl who
brought this matter to my attention. Any wise advice or consult you could offer would be
most appreciated! I will tum over to you all and let's go take it from there.

Have a fantastic holiday weekend!

cheers ...jamie

Jamie Van Leeuwen
Senior Advisor

A
W

COLORADO
Gov. John Hickenlooper

P 303.866.3125 I C 720.272.4886
136 State Capitol, Denver, CO 80203
jamie.vanleeuwen@state.co.us

I www.colorado.gov/govemor

Under Colorado's Open Records Act (CORA), all e-mails sent by or to me on this stateowned e-mail account may be subject to public disclosure.

https://mail.google.com/mail/u/O/?ul=2&ik=c58f7f7992&jsver-_J 1L9cKFJg4.en.&cbl=gmail_fe_ 180710 .15_p2&vlew=pt&cat=CORA&search=cat&th=16...

005

313

 State.co.us Executive Branch Mail - Re: Invitation: Catch up on O&G matters@ Thu Jan 4, 2018 2pm - 3pm (glnny.brannon@state.co.us)

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

Re: Invitation: Catch up on O&G matters @ Thu Jan 4, 2018 2pm - 3pm
(g i nny.brannon@state.co.us)
1 message

Robert Randall· DNR <robert.randall@state.co.us>
To: "Brannon - DNR, Ginny" <ginny.brannon@state.co.us>

Thu, Jan 4, 2018 at 11:17 AM

I don't think Hitch Rack is going to take a full hour, so please join for whatever you're able. I just forwarded Julie's doc that
we'll be working through.
Bob.

Bob Randall, Executive Director
Colorado Dept. of Natural Resources
(w) 303-866-3311 I (c) 303-319-6832
robert.randall@state.co.us
On Jan 4, 2018, at 11 :05 AM, Brannon - DNR, Ginny <ginnY..brannon@state.co.us> wrote:
We have Hitch Rack scheduled till 2:30. You think it will be over by 2:00? Also, I have limited impact bill at
2:30, but can be late.
Ginny Brannon
Deputy Executive Director/Division Director

COLORADO
Division of Reclamation,
Mining and Safety
Oepa1lntent of Notu<al Res01.J1ces

11."'fl'W ICOLOR ADO

B:J,.."fi}'

Department of Natural Resources

P 303.866.3567 x 8135 I F 303.832.8106
1313 Sherman Street, Room 215, Denver, CO 80203
Ginny. Brannon@state.co.us I http://mining.state.co.us

On Thu, Jan 4, 2018 at 10:58 AM, Robert Randall - DNR <robert.randall@state.co.us> wrote:
1

Catch up on O&G matters
When

more details »

Thu Jan 4, 2018 2pm - 3pm Mountain Time

Calendar ginny.brannon@state.co.us
Who

• robert.randall@state.co.us - organizer
• Julie Murphy
• ginny.brannon@state.co.us

Going? Yes - Maybe - No

more options »

Invitation from Google Calendar
1

I

You are receiving this email at the account ginny.brannon@state.co.us because you are subscribed for invitations on
calendar ginny.brannon@state.co.us.

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006

1/2

 7/16/2018

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To stop receiving these emails, please log in to https://www.google.com/calendar/ and change your notification settings
for this calendar.
Foiwarding this Invitation could allow any recipient to modify your RSVP response. Learn More.

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007

 State.co.us Executive Branch Mall - (no subject)

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

(no subject)
1 message

Brannon • DNR, Ginny <ginny.brannon@state.co.us>
To: Robert Randall <robert.randall@state.co.us>

Fri, Feb 2, 2018 at 7:16 PM

Ginny Brannon
Deputy Executive Director/Division Director

COLORADO
Division of Reclamation,
Mining and Safety
Oepartment of Natural ResoufC'es

ii:i..WlcoLoRADo

~"!!/'

D•J>Mlnuml of N111u,at Re.sources

P 303.866.3567 x 8135 I F 303.832.8106
1313 Sherman Street, Room 215, Denver, CO 80203
Ginny.Brannon@state.co.us I http://mining.state.co.us

~ Hitch

Rack.docx

1078K

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008

1/1

 Pi'tsJ,&.:ed Hitch Rack Ranch Quarry; Transit Mix Concrete Co.
•

Site located - 10 miles SW of Colorado Springs in El Paso County, just west of Hwy 115

•

112c permit application submitted in March 2016 (File No. M-2016-010}:

o Permit area of 392.75 acres; Affected area same
o

Portion of Little Turkey Creek Road included In affected area (easement by nearby landowners}

o

Granite quarry operatfon for construction aggregates

o

On-site processing of mined materials (crushing, screening, washing)

o Develop three large excavation areas with highwalls maintained at a benched configuration
o Advance operation through 6 mining phases with concurrent reclamation
o New access road for mine traffic constructed off Hwy 115
o Surface owners of affected land: RMBC Group LLC and State of Colorado
o Subsurface owner of affected land: State of Colorado

•

o Proposed post-mining land use: wildlife habitat
o Required financial warranty for proposed operation: $3,857,842.00
Application reviewed by technical team composed of 3 Division staff

•

Received over 100 objection and comment letters for application

•

Informal Public Meeting and Pre-hearing Conference held in Colorado Springs

•

Division staff issued recommendation for approval and rationale for approving over objections

•

Two day Formal Board hearing held In Colorado Springs In October 2016

•

Board Order signed on December 20, 2016 issuing denial _
o f ap.pUcati ___ __
m easement owners) to

o Applicant failed to meet burden to demon
Initiate a mining operation on Little Turkey Creek Road

o Applicant failed to demonstrate Impact of proposed operation on prevaWng hvdrolo.B!:!>alance
of affected land and surrounding area and on quality and quantity of groundwater sy5tems will

o

be minimized
Applicant failed to take Into account safety and protection of wildlife at proposed site, Including
conservation of Mexican Spotted Owl foraging habitats an'cip~tential nesting habitats

•

New 112c permit application submitted in November 2017 (File No. M-2017-049):

o Permit area of 398.88 acres to simplify boundary; Affected area reduced to 239 acres
•
o Little Turkey Creek Road 112! included in affected area
~Io ~ "! x )I,, 1:- F()Y J, L6..'17r
o Similar granite quarry operation, but limited to south of Little Turkey Creek Road
J.s -rH.1'.,.
. A ,,.-,::~c. ,(.C

btr1

o Additional GW data collected for better assessment of hydrologic conditions and potential (..I' ,.s..5l
Impact

,

o Additional measures taken for wildlife protection
it 1
IS S ~" f~ sr. ~'cf

•

Application curren~~der review by technical team composed of 5 Division staff ,er

•

Received over 1ft, objection and comment letters for application

•

Recommendation deadline currently set for April~018

•

Informal Public Meeting and Pre-hearing Conference will be e

•

Unless extended by applicant, Formal Board hearing most llke to occur at April 25- 6
meeting

e-o

t.l>

Se5-;t, ~

J

f ~l-v1$1(.-

I

4 !. 111-- (!""""' u' . __

In Colorado Sprin

~

"f,'17' (7~ M ~'j 'ov.,... I'
H~
Vt' of"w C ~,-st -} sr P.-. ".:r <:- I" C... v6

018 Board

~ o) ~
\

~~/
/

009

 State.co.us Executive Branch Mail· Hitch Rack quarry backgrounder

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

Hitch Rack quarry backgrounder

1 message
Randall - DNR, Robert <robert.randall@state.co.us>
To: Pat Meyers <pmeyers@state.co.us>
Cc: Masha Myslovskaya <masha.myslovskaya@state.co.us>

Wed, Feb 7, 2018 at 10:04 PM

Pat,
Attached is a one-page,memo with some factual and procedural background on the Hitch Rack Ranch quarry south of
Colorado Springs.
Please let me know if you have questions or want to discuss.
Thanks,
Bob.

Robert W. Randall, Executive Director

1;;,,.'IJ/IV IC: 0

Bfj.'!/)'

LO R A D 0

Department of Natural Resources

P 303.866.3311 x8668 I C 303.319.6832
1313 Sherman Street #718, Denver, CO 80203
robert.randall@state.co.us I www.colorado.gov/DNR
~ Background Memo-Hitch Rack Ranch Quarry-02071~tdocx

17K

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1/1

 To:
Date:
Re:

Pat Meyers
February 8, 2018
Background on proposed Hitch Rack Ranch Quarry (Transit Mix Concrete Co.)

The proposed Hitch Rack Ranch Quarry is located -10 miles SW of Colorado Springs in El Paso County, just west of
State Highway 115. The subsurface minerals are owned by the Colorado State Land Board (a division within ONR)
and leased to Transit Mix Concrete Co. (a Colorado Springs company). The surface owners of the land to be
affected are RM8C Group LLC and the Colorado State Land Board.
In March 2016, Transit Mix submitted an application to Colorado Division of Reclamation, Mining, and Safety
(DRMS, a division within ONR} for a reclamation permit covering 392.75 acres for a granite quarry to extract and
process construction aggregates. The application contemplated three large excavation areas with highwalls
maintained in a benched configuration and included an on-site processing facility to crush, screen, and wash mined
materials. Access to the site would be from a new road for mine traffic constructed off of C0-115. As for
reclamation, the application contemplated "rolling reclamation" through six mining phases, whereby mined areas
would begin to be reclaimed when operations moved to the next area. The proposed post-mining land use for the
area was wildlife habitat. The required financial warranty for the proposed operation, as calculated by ORMS staff,
was$3.9M.
In Summer 2016, the application was reviewed by a 3-member technical team at ORMS. ORMS staff held an
informal public meeting and a prehearing conference in Colorado Springs, and the application received media
attention and over 100 objection and comment letters. After considering the application and public input, ORMS
staff recommended that the application be approved over objections.
In October 2016, the matter was heard in a two-day formal public hearing in Colorado Springs before the Mined
Land Reclamation Board (MLR8). The MLRB is a 7-member body, six of whom are appointed by the Governor
{including the ONR Executive Director, who was not present for this hearing}.
On December 20, 2016, the MLRB signed an order denying the application because the applicant failed:
•
to demonstrate a legal right of entry to the site, due to the fact that proposed access was over an existing
access easement (Little Turkey Creek Road) whose owners failed to give consent to this industrial use;
to demonstrate that the operation would not impact the prevailing hydrologic balance and the
•
quantity/quality of groundwater systems; and
to take into account safety and protection of wildlife at the proposed site, including conservation of
•
habitat for Mexican Spotted Owl.
In November 2017, Transit Mix submitted a new permit application that differed from the original in a few
material ways:
•
Permit area was increased to 399 acres, but the affected lands were reduced to 239 acres;
•
Little Turkey Creek Road was removed from the affected area - all activity would be to the south;
•
Additional groundwater data was collected to better assess hydrological conditions and potential impacts;
•

and
Additional measures were included for wildlife protection.

ORMS currently has a 5-person technical team reviewing the application. The division has received and is
reviewing over 500 objection and comment letters, and ORMS staff will hold an informal public meeting and prehearing conference in Colorado Springs in April. ORMS staff expects to make a recommendation to the Board on
whether the application should be approved in March 2018. Unless extended by the applicant, the matter is likely
to be on the agenda for the MLRB hearing scheduled for April 25-26, 2018. If the MLRB approves the application,
Transit Mix will still need to obtain land use approvals from El Paso County (and likely other permits) before it may
commence operations.

011

 State.co.us Executive Branch Mall - Re: Talk re. Hitch Rack

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

Re: Talk re. Hitch Rack

1 message

Robert Randall - DNR <robert.randall@state.co.us>
To: Ginny Brannon - DNR <ginny.brannon@state.co.us>

Mon, Mar 5, 2018 at 10:53 AM

Not yet. just want to chat with you at this point.
> On Mar 5, 2018, at 10:52 AM, Ginny Brannon - DNR <ginny.brannon@state.co.us> wrote:
>
> Should I bring Tony or Wally in tow?
>
> Sent from my iPhone
>
» On Mar 5, 2018, at 10:16 AM, Robert Randall - DNR <robert.randall@state.co.us> wrote:
>>
» You have been invited to the following event.
>>
» Title: Talk re. Hitch Rack
» When: Tue Mar 6, 2018 2pm - 2:30pm Mountain Time
>> Where: Bob's Office
>> Calendar: ginny.brannon@state.co.us
»Who:
>> "'robert.randall@state.co.us - organizer
>> "'ginny.brannon@state.co.us
>>
» Event details:
>> https://www.google.com/calendar/event?action=VIEW&eid=Nm9pZTk1dGdlaGlydDJvaHFicThqbW
px0G8gZ2lubnkuYnJhbm5vbkBzdGFOZS5jby51 cw&tok=MjYjcm9iZXJOLnJhbmRhbGxAc3RhdG
UuY28udXMwY2JhZjVkZDU3M2EwOTUxMTBkOTczZGFINjc1MWM5N2UwMmU1MGRk&ctz=America/Denver&hl=en
>>
» Invitation from Google Calendar: https://www.google.com/calendar/
>>
» You are receiving this email at the account ginny.brannon@state.co.us
>> because you are subscribed for invitations on calendar
>> ginny.brannon@state.co.us.
>>
» To stop receiving these emails, please log in to
» https://www.google.com/calendar/ and change your notification settings for
» this calendar.
>>
» Forwarding this invitation could allow any recipient to modify your RSVP
>> response. Learn more at
» https://support.google.com/calendar/answer/37135#forwarding
>> <meeting.ics>
>

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012

111

 •••••••••• Forwarded message ····-····
From: Hybl, Kyle <khybl@elpomar.org>
Date: Fri, Mar 9, 2018 at 3:52 PM
Subject: Meeting Today
To: Jacki Cooper Melmed <jackic.melmed@state.co.us>, Patrick Meyers· GOVOffice <pmeyers@state.co.us>
Cc: "Tutt, R.Thayer"<tutt@elpomar.org>, "Hybl, Bill" <wjhybl@elpomar.org>

Dear Pat and Jacki,

Thayer and I thank you for your time today. It was and is appreciated.

Both Colorado Parks and Wildlife (CPW) and Colorado Department of Water Resources (CDWR) have made some
observations regarding the Transit Mix quarry proposal. Both documents appear to be cursory in nature, yet the
importance of the agencies' observations and conclusions cannot be overstated. Given the natural values and
importance which experts are placing on the Hitch Rack property and surrounding area we would hope there would be
a more intentional look by both agencies.

For instance, in reviewing the CPW letter it appears to be a letter based on other letters in that it speaks to not having
"construction" during migratory periods. The quarry is not a construction site as they are not building anything. I
wonder if someone from CPW visited the site and/or talked with neighbor and environmental expert, Nature
Conservancy? A copy of some Nature Conservancy materials and the CPW letter is attached.

· The CDWR letter appears to be a "check the box" response to representations made by Transit Mix. The review does
not capture the serious concerns which are at play for the wildlife and hundreds of neighbors. A copy of the CDWR
review is attached. With regard to water, Little Turkey Creek is the only perennial surface water source for miles, and
is a source of water for animals, plants and people. Underground water, which is the source of water for hundreds of
neighbors is stored in the granite fissures of the area's watershed. Underground wells are recharged by water trapped
in fractured granite. Blasting and removal of large areas of granite threaten the area's hydrological balance and the
quality and quantity of the water supply. Once that supply is disrupted, it probably cannot be recovered. This is what
happened just over six miles north at NORAD, which during construction quickly dried up a large adjacent area,
including the JL Ranch. It is my understanding the government bought JL Ranch from the owners after it dried up-Transit Mix will not have the wherewithal to make hundreds of neighbors whole if that happens because of a Hitch Rack
Quarry.

Highway 115, which Hitch Rack Ranch sits next to and the corridor over which Transit Mix shall travel with its aggregate
is already one of the most dangerous roads in El Paso County and the State. This is a concern to neighbors, including
troops and families stationed at Ft. Carson. Former NORAD/NORTHCOM commander and four star general, retired,
Gen. Chuck Jacoby has expressed serious concerns with regard to highway safety. CDOT will be required to have a
significant review of the proposed quarry as it is a safety, use and wear/tear issue for the corridor. We certainly hope
CDOT takes a serious and critical look at the potential impacts on HWY 115 and the people who travel it.

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214

 State.co.us Executive Branch Mail - Re: Meeting Today

7/16/2018

We would respectfully request the Governor's various agencies make a full and complete examination of the proposed
quarry and its impacts. We feel confident that the MLRB will have good reasons to, once again, deny Transit Mix's
application. CDRMS original order, attached. A clear and transparent review by the Governor and the Governor's
agencies will reveal how disturbing and damaging Transit Mix's application is. It is not good for Southern Colorado or
Colorado.
We also believe the Transit Mix proposal is contrary to Governor Hickenlooper's vision for the state and
shining light on the matter, and fully considering the matter, will reveal how contrary it is.

Thank you for considering these requests and please let me know if you have any questions.
I

Best wishes,

Kyle

Kyle H. Hybl, Esq.
President and Chief Operating Officer

•

El Pomar Foundation
l O Lake Circle / Colorado Springs, CO 80906
(719) 577- 5867 Office
khybl@elpomar'.org

000

Jacki Cooper Melmed
Chief Legal Counsel
Governor John Hickenlooper
136 State Capitol Building
Denver, Colorado 80203
303.866.3788 (direct)
720.252.7333 (cell)
jackic.melrned@state.co. us
https:/fmail.google.com/mail/u/O/?ul=2&ik=c58f7f7992&jsver-_J 1L9cKFJg4.en .&cbl=gmail_fe_18071 O.15_p2&view=pt&cat=CORA&search=cat&th=16...

015

3/4

 State.co.us Executive Branch Mail • Fwd: Meeting Today

7/16/2018

Denver, Colorado 80203
303.866.3788 (direct)
720.252.7333 (cell)
jackic.melmed@state.co.us
5 attachments
~

2018-01-22 CPW Ltr to CORMS RE Wlldllfe.pdf
2790K

t)

2018-01-04 CDWR Conditions for Approval (Water).pdf
51K

!)

Sanderson - TransitMix, with notes.pdf
1148K

tl The Nature Conservancy Evaluation of Quarry Impacts at Alken Canyon FINA....pdf
260K
~ Quarry CDRMS Order Denying Permit Applle:ation 12.22.16.pdf

762K

https://mail.google.com/mail/u/0/7ul=2&1k=c58f7f7992&jsver=_J 1L9cKFJg4.en.&cbl=gmail_fe_ 180710.15_p2&vlew=pt&cat=CORA&search=cat&th=16 ...

016

 ~-:

~a~s~n~!1~~ O

I Department of Natural Resources
Southeast Region
4255 Sinton Road
Colorado Springs, CO 80907
P 719.227.5200 I F 719.227.5223

RECEIVED
JAN 2 2 2u18
DMSk>H OF RECLMt4T,O,,
IIIMGMOWEJt

January, 3 2018
Amy Eschberger
Colorado Division of Reclamation, Mining and Safety
Environmental Protection Specialist
1313 Sherman Street, Room 215
Denver, CO 80203
RE:

Hitch Rack Ranch Quarry, File No, M-2017-049

Dear Ms. Eschberger:
Colorado Parks and Wildlife (CPW) is in receipt of the above referenced quarry lease
application and is familiar with the site. CPW has rev1ewed this updated application, and it
appears that TransitMix Concrete Co. incorporated many of the recommendations from our
April 2016 letter.
Based on the phased approach proposed in the mining plan, ground disturbance could take
place at different times during the course of site development. One additional
recommendation CPW has for this updated application is that the operator conduct surveys at
each location before any vegetation is removed to reduce the chance of take of protected
migratory birds and avoid impacts to raptor nesting efforts.
There is suitable habitat on the site for migratory birds. The best way to avoid impacts on the
nesting efforts of migratory birds is to focus construction activities outside of the breeding
season (March 15th -October 31s1 ). If construction must occur during the breeding season, CPW
recommends surveys for active nests be conducted prior to groundbreaking. All migratory
birds are protected under the Migratory Bird Treaty Act and removal or disturbance of any
migratory bird nest would require consultation with CPW and USFWS prior to disturbance.
CPW recommends the use of preconstruction surveys, as well as continuation of those surveys
during disturbance periods, to identify all raptor nests within the project area and implement
appropriate restrictions. CPW recommends adherence to the recommended buffer distances
and timing stipulations identified in the attached document "Recommended Buffer Zones and
Seasonal Restrictions for Colorado Raptors". Removal or relocation of any active raptor nest
will require consultation with CPW and US Fish and Wildlife Service prior to disturbance. Both
active and potential raptor nest sites, as well as winter night roosts should be considered
when evaluating disturbance during construction.

Bob 0. 6rll5Che1d. Director. Colc,-ado Porks and Wildifc • Parlls and Wild\lfe Comrmssioo: Rtmt W Bray • >Nine Haskell • C3rrie llesnellc Hauser
.l(]tln Howard. Chilll' • Marvin MCOa111e! • Dale Pizel • Jun Spc-har • Jiimes Vl&il. secretary • Dean W1ng(1c\d • Michelle Zimmerman, Vice-Chair • Alex Zipp

017

 -'
CPW appreciates being given the opportunity to comment. Please feel free to contact District
Wildlife Manager, Cody Wigner, should you have any questions or require additional
information at 719·227-5287 or via email at cody.wigner@state.co.us.
Sincerely,

~-;:;~
Frank McGee
Area Wildlife Manager
Attachment: April 2016 Comment Letter

Cc:

SE Region File
Area 14 File
Cody Wigner, DWM

018

 COLORADO
Parks and Wildlife
Department of Natural Resources

Southeast Region

4255 Sinton Road
Colorado Springs, CO 80907
P 719.227.5200 I F 719.227.5223

RECEiVED
JAN 222018
DMSION OF RECLAMATION
aaGNl>SA.Fm

April 18, 2016
Amy Eschberger
Colorado Division of Reclamation, Mining and Safety
Environmental Protection Specialist
1313 Sherman Street, Room 215
Denver, CO 80203
RE:

Notice of 112 Construction Materials Reclamation Permit Application Consideration
Transit Mix Concrete Co., Hitch Rack Ranch Quarry, File No, M-2016-010

Dear Ms. Eschberger:
Colorado Parks and Wildlife (CPW) is in receipt of the above referenced quarry lease
application and is familiar with the site. Transit Mix Concrete has already met with CPW and
the United States Fish and Wildlife Service (USFWS) about the proposed quarry. Based on the
location of the proposed quarry, both CPW and USFWS instructed Transit Mix Concrete to
perform surveys for the federally and state threatened Mexican spotted owl, since it is known
habitat for the species.
CPW notices that the mining operation is set to take place around Little Turkey Creek. All
wetland areas should be buffered a minimum of 100 feet from the outside edge of the creek.
Any development, surface disturbance, and outbuildings should be discouraged except where
necessary for mining operations. Additionally, hydrological flows that support wetlands should
remain undisturbed and not impeded.
Natural vegetation should not be altered unless for purposes necessary to the mining
operation. Native grasses and forbs should be maintained and mowing strongly discouraged
except as required around the immediate areas of buildings and mining operations.
The control of noxious weeds is the responsibility of the landowner. Noxious weeds shall be
actively controlled using methods such as mowing and spraying. Species specific control
measures should be used when pesticides are felt necessary for the control of noxious weeds.
All equipment that is entering the site from a different location should be cleaned of all soil
and vegetation to help prevent the spread of noxious weeds.
If any fencing is to be used, wildlife friendly fencing should be utilized. CPW will provide
information on wildlife friendly fencing upon request.

Bob 0. Broscheid, Director, Col.orado Par1<s and Witd1fe • Par1<S~nd Wildt1fc(ommisslon: Robert W. Bray• Chris castitian, Cl\air • Jeanne H<n\e, Vice-Chair
Jct10 Hi,,,ard • Bill Kane • Dale Pizet • J;unes Pnbyl, Secretary• Jarres ~ l • Dean Wingfield• Michelle Zfmmem,an • Alex Zipp

019

 •

COLORADO
Parks and Wildlife
Department of Natural Resources
Southeast Region

4255 Sinton Road
Colorado Spring~. CO 80907

P 719.227.5200 I F 719.227.5223

Due to the presence of black bears on the property, CPW recommends that the operators of
the facility invest in bear-proof trash containers if trash is going to be present on the facility.
Trash containers should be stored in a garage or in a solid tocked storage shed until the
morning of trash collection during those months when bears are most active (April November).

feeding of big game species is illegal in Colorado. This includes putting out salt blocks, hay,
grain, or other items to attract big game. The use of bird feeders should be strongly
discouraged from April through November to avoid conflicts with black bears.
Once mining is complete, all reclamation efforts could have potentially significant value to
wildlife. To maximize this benefit, CPW recommends that the mining site be returned to the
same condition as prior to being mined. Planting of trees and shrubs attractive to wildlife is
encouraged. Reseeding of grasses and forbs over large areas should be a mix of warm and
cool season plants that are palatable and attractive to wildlife. All vegetation used in
reclamation should be species that are native to Colorado and present in the region. For
further consultation, contact CPW.
CPW appreciates being given the opportunity to comment. Please feel free to contact District
Wildlife Manager, Cody Wigner, should you have any questions or require additional
information at 719·227-5287 or via email at cody.wigner@state.co.us.
Sincerely,

~-~~
Frank McGee
Area Wildlife Manager

Cc:

SE Region File
Area 14 File

Cody Wigner, DWM

8ol:l O. ll<osdleld, Director. Colorado Parks and W1ld1fe , Pari<!i and Wildlifl' C0411111is.lon: Robert W. Bray • Chns castilian, Chair• Jeamle Home, Vice-Chair

John 110ward • Bill Kane • Dale Ptl:el • James Pnbyl. Secretary• J~mes Vigil • Dean Wingfield • Michelle Zimrr,c.mian • Alex Zipp

020

 RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS
FOR COLORADO RAPTORS
Tolerance limits to disturbance vary among as well as within raptor species. As a general rule,
Ferruginous Hawks and Golden Eagles respond to human activities at greater distances than do
Ospreys and America Kestrels. Some individuals within a species also habituate and tolerate human
activity at a proximity that would cause the majority of the group to abandon their nests. Other
individuals become sensitized to repeated encroachment and react at greater distances. The tolerance
of a particular pair may change when a mate is replaced with a less tolerant individual and this may
cause the pair to react to activities that were previously ignored. Responses will also vary depending
upon the reproductive stage. Although the level of stress is the same, the pair may be more secretive
during egg laying and incubation and more demonstrative when the chicks hatch.
The term "disturbance" is ambiguous and experts disagree on what actually constitutes a disturbance.
Reactions may be as subtle as elevated pulse rate or as obvious as vigorous defense or abandonment.
Impacts of disturbance may not be innnediately evident. A pair of raptors may respond to human
intrusion by defending the nest, but well after the disturbance has passed, the male may remain in the
vicinity for protection rather than forage to feed the nestlings. Golden eagles rarely defend their nests,
but merely fly a half mile or more away and perch and watch. Chilling and over heating of eggs or
chicks and starvation of nestlings can result from hwnan activities that appeared not to have caused an
immediate response.
A 'holistic' approach is recommended when protecting raptor habitats. While it is important for land
managers to focus on protecting nest sites, equal attention should focus on defining important foraging
areas that support the pair's nesting effort. Hunting habitats of many raptor species are extensive and
may necessitate interagency cooperation to assure the continued nest occupancy. Unfortunately, basic
knowledge of habitat use is lacking and may require documentation through telemetry investigations or
intensive observation. Telemetry is expensive and may be disruptive so a more practical approach is to
assume that current open space is important and should be protected.
Although there are exceptions, the buffer areas and seasonal restrictions suggested here reflect an
infonned opinion that if implemented, should assure that the majority of individuals within a species
will continue to occupy the area. Additional factors, such as intervening terrain, vegetation screens,
and the cumulative impacts of activities should be considered.
These guidelines were originally developed by CDOW raptor biologist Gerald R. Craig (retired) in
December 2002. To provide additional clarity in guidance, incorporate new information, and update
the conservation status of some species, the guidelines were revised in January 2008. Further revisions
of this document may become necessary as additional infonnation becomes available.

021

 RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS
BALD EAGLE
Nest Site:
No surface occupancy (beyond that which historically occurred in the area; see 'Definitions' below)
within Y. mile radius of active nests (see 'Definitions' below). Seasonal restriction to human
encroachment (see 'Definitions' below) within !h mile radius of active nests from October 15 through
July 31. This closure is more extensive than the National Bald Eagle Management Guidelines (USFWS
2007) due to the generally open habitat used by Colorado1s nesting bald eagles.

Winter Night Roost:
No human encroachment from November 15 through March 15 within '/.i mile radius of an active
winter night roost (see 'Definitions' below) if there is no direct tine of sight between the roost and the
encroachment activities. No human encroachment from November 15 through March 15 within ~
mile radius of an active winter night roost if there is a direct line of sight between the roost and the
encroachment activities. If periodic visits (such as oil well maintenance work) are required within the
buffer zone after development, activity should be restricted to the period between 1000 and 1400 hours
from November 15 to March 15.

Hunting Perch:
Diurnal hunting perches (see 'Definitions' below) associated with important foraging areas should also
be protected from human encroachment. Preferred perches may be at varying distances from human
encroachment and buffer areas will vary. Consult the Colorado Division of Wildlife for
recommendations for specific bunting perches.

GOLDEN EAGLE
Nest Site:
No surface occupancy (beyond that which historically occurred in the area) within ~ mile radius of
active nests. Seasonal restriction to human encroaclunent within Yi mile radius of active nests from
December 15 through July 15.
OSPREY

Nest Site:
No surface occupancy (beyond that which historically occurred in the area) within ~ mile radius of
active nests. Seasonal restriction to human encroachment within Y.c mile radius of a ctive nests from
April 1 through August 31. Some osprey populations have habituated and are tolerant to human
activity in the immediate vicinity of their nests.

FERRUGINOUS HA\VK
Nest Site:
No surface occupancy (beyond that which historically occurred in the area) within Yz mile radius of
active nests. Seasonal restriction to human encroachment within !h mile radius of active nests from
February l through July 15. This species is especially prone to nest abandonment during incubation if
disturbed.

RED-TAILED HAWK
Nest Site:
No surface occupancy (beyond that which historically occurred in the area) within 1/3 mile radius of
active nests. Seasonal restriction to human encroaclunent within 1/3 mile radius of active nests from
February 15 through July 15. Some members of this species have adapted to urbanization and may

022

 tolerate human habitation to within 200 yards of their nest. Development that encroaches on rural sites
is likely to c·ause abandonment.

SWAINSON'S HAWK
Nest Site:

No surface occupancy (beyond that which historically occurred in the area) within V.. mile radius of
active nests. Seasonal restriction to human encroachment within V.. mile radius of active nests from
April I through July 15. Some members of this species have adapted to urbanization and may tolerate
human habitation to within 100 yards of their nest.
PEREGRINE FALCON
Nest Site:
No surface occupancy (beyond that which historically occurred in the area) within 'h mile radius of
active nests. Seasonal restriction to human encroachment within Y1 mile of the nest cliff(s) from March
15 to July 31. Due to propensity to relocate nest sites, sometimes up to 1h. mile along cliff faces, it is
more appropriate to designate 'Nesting Areas' that encompass the cliff system and a Y2 mile buffer
around the cliff complex.

PRAIRIE FALCON
Nest Site:

No surface occupancy (beyond that which historically occurred in the area) within 'h mile radius of
active nests. Seasonal restriction to human encroachment within 'h mile radius of active nests from
March 15 through July 15.

NORTHERN GOSHAWK
No surface occupancy (beyond that which historically occurred in the area) within Y2 mile radius of
active nests. Seasonal restriction to human encroaclunent within Yz mile radius of active nests from
March 1 through September 15.
BURROWING OWL
Nest Site:
No human encroachment within 150 feet of the nest site from March 15 through October 31. Although
Burrowing Owls may not be actively nesting during this entire period, they may be present at burrows
up to a month before egg laying and several months after young have fledged. Therefore it is
recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur between
March 15 and October 31 when owls may be present. Because nesting Burrowing Owls may not be
easily visible, it is recommended that targeted surveys be implemented to detennine if burrows are
occupied. More detailed recommendations are available in a document entitled "Recommended
Survey Protocol and Actions to Protect Nesting Burrowing Owls" which is available from the
Colorado Division of Wildlife

023

 Recommended Buffer Zones and Seasonal Restrictions Around Raptor Use Sites
Species and Use
Bald Eagle
ACTIVE NEST - No Surface Occupancy
ACTIVE NEST - No Human Encroachment
ACTIVE WINTER NIGHT ROOST without a
direct line of sight- No Human Encroachment
ACTIVE WINTER NIGHT ROOST with a
direct line of sight - No Human Encroachment
HUNTING PERCH - No Human
Encroachment
Golden Eagle
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Osprey
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST- No Human Encroachment
Ferruginous Hawk
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Red-tailed Hawk
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Swainson's Hawk
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Peregrine Falcon
ACTIVE NEST • No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Prairie Falcon
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST- No Human Encroachment
Northern Goshawk
ACTIVE NEST - No Surface Occuoancv
ACTIVE NEST - No Human Encroachment
Burrowing Owl
ACTIVE NEST - No Human Encroachment

Jan

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024

 DEFINITIONS
Active nest - Any nest that is frequented or occupied by a raptor during the breeding season, or which
has been active in any of the five previous breeding seasons. Many raptors use alternate nests in
various years. Thus, a nest may be active even if it is not occupied in a given year.
Active winter night roost - Areas where Bald Eagles gather and perch overnight, and sometimes
during the day in the event of inclement weather. Communal roost sites are usually in large trees (live
or dead) that are relatively sheltered from wind and are generally in close proximity to foraging areas.
These roosts may also serve a social purpose for pair bond fonn.ation and communication among
eagles. Many roost sites are used year after year.
Human encroachment - Any activity that brings humans in the area. Examples include driving,
facilities maintenance, boating, trail access (e.g., hiking, biking), etc.
Hunting perch- Any structure on which a raptor perches for the purpose of hunting for prey. Hunting
perches provide a view of suitable foraging habitat. Trees are often used as hunting perches, but other
structures may also be used (utility poles, buildings, etc.).
Surface occupancy - Any physical object that is intended to remain on the landscape permanently or
for a significant amount of time. Examples include houses, oil and gas wells, tanks, wind turbines,
roads, tracks, etc.

CONTACT
For further infonnation contact:
David Klute
Bird Conservation Coordinator
Colorado Division of Wildlife
6060 Broadway
Denver, CO 80216
Phone: 303-291-7320
Email: david.klute@state.co.us

REFERENCES

Bechard, M.J., and J.K. Schmutz. 1995. Ferruginous Hawk (Buteo regalis), The Birds of
North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the
Birds of North America Online: http://bna.birds.comcll.edu/bna/species/ 172
Buehler, D.A. 2000. Bald Eagle (Haliaeetus leucocephalus), The Birds of North America Online
(A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America
Online: hnp://bna.birds.comell.edu/bna/g,ecies/506
Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338, U.S. Bureau of
Land Management, Denver Service Center, Denver, CO. 69pp.

025

 Energy Research and Development Administration (ERDA). I 977. EIA for CUI Venture application
for geothermal loan guarantee (Beryl and Lund, Utah). EIA/GE/77-8. Washington, D.C.
109pp.
England, A.S., M.J. Bechard, and C.S. Houston. 1997. Swainson's Hawk (Buteo swainsoni), The
Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved
from the Birds of North America Online: http://bna.binfa.comell.edo/bna/species/265
Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle
management plan: 1995 update. Greater Yellowstone Bald Eagle Working Group, Wyoming
Game & Fish Dept., Lander WY 82520. 47p
Grier, J.W., F.J. Gramlich, J. Mattisson, J.E. Mathisen, J.V. Kussman, J.B. Elder, and N.F. Green.
1983. The bald eagle in the northern United States. Bird Cons. 144-66.
Haug, E.A., B.A. Millsap, and M.S. Martell. 1993. Burrowing Owl (Athene cunicularia), The
Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved
from the Birds of North America Online: http://bna.birds.comell.edu/bna/species/06 l
Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance. MS
Thesis. Colo. State Univ., Fort Collins. 62pp.
Holthuijzen, A.M.A., W.G. Eastland, A.R. Ansell, M.N. Kochert, R.D. Williams, and L.S. Young.
1990. Effects of blasting on behavior and productivity of nesting prairie falcons. Wildl. Soc.
Bull. 18:270-281.
Kochert, M. N., K. Steenhof, C. L. Mcintyre, and E. H. Craig. 2002. Golden Eagle (Aquila
chrysaetos), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of
Ornithology; Retrieved from the Birds of North America Online:
http://bna.birds.cornell.edu/bua/species/684
Martin, DJ. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-456.
Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan. U.S.
Fish and Wildlife Service. 75pp.
Olendorff, R. R., and W.D. Zeedyk. 1978. Land management for the conservation of endangered
birds. Pages 419-428 in S.A. Temple, ed. Endangered birds. University of Wisconsin Press,
Madison, Wisconsin.
Poole, A.F., R.O. Bierregaard, and M.S. Martell. 2002. Osprey (Pandion haliaetus), The
Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved
from the Birds of North America Online: http://bna.birds.comell..edu/bna/species/683
Preston, C.R., and R.D. Beane. 1993. Red-tailed Hawk (Buteojamaicensis), The Birds of North
America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds
of North America Online: http://bna.birds.comell.edu/bna/species/052

026

 Reynolds, R., R.T. Graham, H.M. Reiser. 1992. Management recommendations for the northern
goshawk in the southwestern United States. Gen. Tech. Rep. RM-217. Fort Collins, CO. U.S.
Dept of Agri., Forest Service, Rocky Mountain Forest and Range Experiment Station. 90pp.
Richardson, C.T. and C.K. Miller. 1997. Recommendations for protecting raptors from human
disturbance: a review. Wildl. Soc. Bull. 25(3):634-638.
Rocky Mountain/Southwest Peregrine Falcon Recovery Team. 1984. American peregrine falcon
Rocky Mountain/Southwest population recovery plan. U.S. Fish and Wildlife Serv. 105pp.
Squires, J.R., S.H. Anderson, and R. Oakleaf. 1993. Home range size and habitat-use patterns of
nesting prairie falcons near oil developments in northeastern Wyoming. J. Field Ornithol. 64: 110.
Steenhof, Karen. 1998. Prairie Falcon (Falco mexicanus), The Birds of North America Online
Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America
Online: http://bna.birds.comell.edu/bna/species/346
Squires, J.R., and R.T. Reynolds. 1997. Northern Goshawk (Accipiter gentilis), The Birds of
North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the
Birds of North America Online: http://bna.birds.cornell.edu/bna/spccies/298
Suter, G.W. and J.L. Joness. 1981. Criteria for Golden Eagle, Ferruginous Hawk, and Prairie Falcon
nest site protection. J. Raptor Res. 15(1): 12-18.
Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone National
Park. J. Wildl. Manage. 43:595-601.
Thomsen, L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport.
Condor 73:177-192.
U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines.
http://www.fws.gov/migratorybirds/issues/BaldEagle/NationalBald.EagleManagernentGuidcline
s.pdf
White, C.M., NJ. Clum, T.J. Cade, and W.G. Hunt. 2002. Peregrine Falcon (Falco peregrinus),
The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology;
Retrieved from the Birds of North America Online: bttp://bna.birds.comcll.cdu/bna/specics/660

Revised 02/2008

027

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~~ COLORADO

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Division of Water Resources
Dtpartmenl ot Nat1tral Re5Q\lrces

O/it%°~E~TION

Response to Reclamation Permit Application Consideration
DATE:

January 4, 2018

TO:

Amy Eschberger, Environmental Protection Specialist

CC:

Division 2 Office; District 10 Water Commissioner

FROM:

Ca\eb Foy, P.E.

RE:

Hitch Rack Ranch Quarry, File No. M·2017·049
Operator: Transit Mix Concrete Co.
Contact: Andre LaRoche, (719) 475-0700
Secs. 16, 21· 23, Twp. 16S, Rng. 67W, 61h P.M., El Paso County

CONDITIONS FOR APPROVAL
According to the application, the propor;ed operation does not anticipate exposing
groundwater. but does anticipate small amounts of water will be Incidentally encountered
during the mining process. Therefore, the Office of the State Engineer has determined
that a well permit to expose ground water Issued pursuant to Section 37·90·137(2). C.R.S.,
and an associated substitute water supply plan/plan for augmentation Is unnecessary for
the operation as proposed. Based on the above, exposure of ground water must not occur
during or after mining operations and any water that is incidentally encountering during
the proposed operation must be returned to Little Turkey Creek, or the ground water
system within the permit area, immediately without consumption.

l8l

The proposed operation will consume water by: 0 evaporation, l8} dust control,
reclamation, O water removed In the mined product, 181 processing, 0 other:.

0

l8l

All water used on-site for mining needs shall be a legal supply of water provided by an
appropriate supplier. According to the application, the primary source of water for use in
mining operations on the site will likely be via purchase from Colorado Springs Utllltfes and
hauled to the site. The applicant shall confirm the legality of any proposed source of water
supply with the Division of Water Resources prior to use in the operation.
The application materials indicate that the storm water management plan wilt include
construction of ditches, sediment ponds, and culverts as a part of this project. The
applicant should be aware that, unless the storm water detention structures can meet the
requirements of a "storm water detention and infiltration facility" as defined in section
37·92-602(8). Colorado Revised Statutes, the structure may be subject to administration by
this office. The applicant should review OWR's Administrative Statement Regardin9 the
Manasement of Storm Water Detention Facilities and Post·Wlldland Fire Facilities in
Colorado, attached, to ensure that the notification, construction and operation of the
proposed structure meets statutory and administrative requirements. The applicant is
encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification

1313 Sherman $treet, Room 821, Denver, CO 80203 P 303.8o6.)SS1 www.colorado.gov/w~tt'r
John w. Hicl<enlooper, Governor I Robert Randall, Executive Director I Kevin G. Rein, State Engineer/Director

029

 Ms. Amy Eschberger
January 4, 2018
Page 2 of 2

Portal, located at https://maperture.digltaldataservlces.com/gvh/?viewer• cswdlf, to meet

the notification requirements.
(8]

To assist in avoiding adverse impacts to water resources or vested water rights, the
applicant
shall
consult with
the
local
Water Commissioner
(Doug
Hollister, Ooug.Hollister@state.co.us) regarding any activity that might affect the flow of
water to any stream system and/or ditch.

COMMENTS: The local Water Commissioner, Doug Hollister, may be contacted at (719) 227-5291 or
Doug.Hollfster@state.co.us regarding legal supplies of water fn the area.

030

 Adverse Impacts to Habitat and Wildlife

from the Proposed Quarry
at Hitch Rack Ranch

John Sanderson, 
Director of Science
The Nature Conservancyr in Colorado

 

I am Dr. John Sanderson. I am Director of Science at The Nature Conservancy in Colorado.

031

MINERAL RULES ANO REGULATIONS
OF
THE COLORADO MINEO LAND
RECLAMATION BOARD

IA&islative Declaration in Section 34-32.5·102 of The Colorado Land Reclamation Act for
the Extrec:tion of Construction Materials States That:
(1) ••• It fs tM fi,lrth,r Intent of th, r,en,roi assembly by ttr, ,naam,nt of this
artfcl• to conu,rve natural resourtt1s, to aid In the protection of wifdllfe and aquatic

r'1SOun:,s . . .
3,1.8 Wildlife
(2) Habitat management and creation, If part of the Reclamation Plan,
shall be diNtc:ttd toward encouraaina th• diversity of both pme and
norrpme species, and shall provide protection. rehabllltatlon or
Improvement of wildlife habitat

I read through the rules and regulations that govern your decisions. I was encouraged to
see that you take wildlife issues seriously, including both game and non.game.

2

032

 Three reasons why the quarry plan
does not conserve natural resources
and protect habitat:
l) Hitch Rack Ranch is in a key location in a 400 mi 2
landscape that conserves habitats and species from
"mountains to plains."

2) Hitch Rack Ranch in the heart of an area of "very
high biodiversity significance" and it abuts an
established 1600+ acre nature preserve.
3) The proposed quarry will destroy critical habitat for
the Mexican Spotted Owl, a threatened species
under the Endangered Species Act.

There are many dimensions of habitat and wildlife that are worthy of long consider, but
since time is short, I'm going to focus on these three key issues.

3

033

 Fort Carson
Prest'rve

a

The Hitch Rack Ranch is located in a large landscape of conserved lands that has been
stitched together over >25 years. Collectively, these conserved lands span about 400
square miles. The Nature Conservancy's vision for this landscape is to maintain a strong
connection between "Mountains and Plains" to sustain the many species that cross this
large area. On the west is the Beaver Creek WSA, which is managed as wilderness. On the
other far end-the southeast-is >23,000 acres of conservation easements on private land
that protect wildlife habitat, several plant species that occur nowhere else on Earth, andmost recently-the black-footed ferret, thought to be extinct four decades ago. The swath
of land between the WSA and Fort Carson-including much private land-is essential to the
intactness of this conservation landscape.

4

034

 "Migratory Corridors" for elk, and "Road Crossings" for mule deer
and elk show high wildlife use of connections from Mountains to Plains

..........,,

For any of you who regularly drive hwy 115, you are familiar with the wildlife crossing signs.
This brown line shows where these crossings are concentrated for mule deer and elk, our
two most important game species. It's tempting to think this animals will just find another
path. Every barrier we put in their way-roads, buildings, traffic-is one more reason they
might not be able to sustain their populations. Incidentally, the stream corridors-like Little
Turkey Creek-are the most important linkages on the landscape. Why? Because of the
abundant cover along these corridors.

s
035

 Aileen Canyon Potential
Conservatloti Area
(In light grey)

"Very High Biodiversity
Significance"

Source: Doyle et al. 2001.
SuNey of Critlcal
Biologlcal Resources,
El Paso County, Colorado,
later modified and
expanded by the Colorado
Natural Herltaa, Program.

Point #2: this area is very high conservation value. Note that when I say "Aiken Canyon
PCA," I'm referring to the entire shaded area, which Hitch Rack Ranch splits in two. Several
habitats and animals found here have been lost or compromised elsewhere. How do we
know? CNHP is the state's most comprehensive keeper of information on species and
ecosystems.
Front Range Foothills have been altered, developed, invaded by weeds, and in some cases
obliterated up and down the Front Range.

6

036

 Aiken Canyon
Conservation Values
• Excellent examples of globally imperiled foothills shrublands ,
destroyed up and d own the Front Ra nge.
• Excellent examples of globally vulnerable two-needle plnyon woodland.
• Excellent examples of uncommon Gambel's oak and mountain
mahogany shrubland.
• Mixed-grass prairie remnants , invaded and destroyed along the front
Range. Two butterflies depend almost exclusively on these prairie

remnants.
• The imperiled blrdblll day-Hower, found here and only a tiny handful of
olher place:. in Colorado
• Habitat for black bear;. mule deer;. elk, mountain lions, bobcats, gray
foxes, badgers, and tuft-eared pine squirrels
• More than 100 species of birds, including three species of nuthatches,
western blueblrds, wild turkeys, woodpeckers, and several raptors.
• More than 600 species of plants, Only 22 species mentioned in the
reclamation plan.

Here's a partial list of what we value about this area.

7

037

 Ironically, Little Turkey Creek may lose its turkeys. The green blobs show where the turkeys
find good reproductive habitat. From this map you can see that there are not a lot of
places where turkeys do their thing.

8

038

 MEXICAN SPOTTED OWL RECOVERY PLAN,
FIRST REVJSON
(Strlx occidmtalis lucit/4)

>

Listed as "threatened• In 1993.

> Requires '"old-arowth" conifer
forest$, end rocky cliffs and
cenyons.

>

Habltatls lost by:
• Loaln1
• Wildfint

• Forest Insects and disease
• Grezin11
• land Development
• Roads and trails
• Reaeation
• water development

That brings us to point# 3, the Mexican Spotted Owl. In the category of "other threats",
these things pick away at habitat over time. As suitable habitat is lost for any of these
reasons, opportunities for recovery go down.

9

039

 Mulcan
Spotted
Owl
$lte$

Canyon City to ColoredoSprlnp Is the bast place In COiorado for MSO, • ·hotspot'", a

"stronahold," "by fllr the blgest contentretlon of nestina birds In Colorado."
- us FWS 8ioloaist

Black dots are Mexican Spotted Owl sites. This area contains the highest concentration of
MSO in Colorado.

10

040

 Hitch Rack Ranch lies entirely
within mapped "critical habitat•
for the Mexican Spotted Owl, a
threatened species.

Critical habitat is "specific

1eoaraphh: ueas that contain
reatures essential to the
conservetlon of an endansered or
threatened species and that may
require special manaat>ment and
protection. Crltlcol habitat may
also include areas ttiat are not
cu1ttntly occuph:d by the spedu

but w/11 be needN fot its

-----

---

recovery."

--.-....Qlijl,__.._

....... '-...=.

•...OO-..--.

'
Important to note that just because there are no birds now, the habitat is still suitable.

11

041

 Felr Nesting
Habitat
The labels ·ra1r·
and wpoor" refer to
nesting habitat.
There Is good

foraging habltaton
this property, and
possibly roosting
habitat.

.....

~~~~--

__. s::_-=

----

---

...., .......
_..,_._
_ _i::;

Nearly entire quarry area is habitat, most of it "fair".
Trees are "'80 years old. If you destroy them then replant, you'll lose 80 years of progress.
If you leave them alone, in another 80 years this will be good or great habitat.

12

042

 Conclusions
• The Hitch Rack Ranch and its surroundings have very high
conservation value:
• A critical connection point in a 400 square mile conservation

landscape.
• This area supports abundant and diverse wildlife supported
by habitats that have been lost along the Front Range.

• The property contains habitat for the Mexican Spotted Owl,

a threatened species.
• A quarry would adversely impact natural resources and wildlife
and could not be fully mitigate.
Conservation organizations would be Interested in paying
for a conservation easement on this property.

13

043

 TheNature /Jr} ~

Conservancy ~

The Nature Conserv;incy in Colorado
2424 Spruce Street
Boulder. CO 80302

rnl
fox

[303] 444-2950
[303] 444-2986

11.1lur<:.nrg/colorado

Protecting nature. Preserving life~

DATE:
TO:
FROM:
RE:

July 19, 2016
Whom it May Concem
The Nature Conservancy
Science Evaluation of Impacts at Aiken Canyon of the proposed Transit Mix Quarry

The Nature Conservancy has conducted a high level science evaluation of the impacts of the quarry
that has been proposed by Transit Mix Concrete in El Paso County and that is adjacent to The
Nature Conservancy's Aiken Canyon Preserve. This memo sets fo11h The Nature Conservancy's
assessment, based on our knowledge of the site, a visit to the proposed quarry site, evaluation of the
plan for the proposed quarry, and an evaluation and review of the available ecological data.
Summary: Nearly the entire proposed quarry and the proposed access road lie within the Aiken
Canyon Potential Conservation Area (PCA), a site considered ''of Very High Significance" by the
Colorado Natural Heritage Program. This site contains numerous and diverse conservation values.
The shrublands and mix-grassed prairie remnants on the site are in excellent condition and represent
ecosystems that were far more abundant before widespread development along the Front Range.
Now they are so imperiled that they cannot sustain additional loss or impact. The rare and tmique
nature of these conservation values makes impacts difficult or impossible to fully mitigate, even
with the best planning. The Nature Conservancy's Aiken Canyon Preserve and Lease lands (which
are inunediately adjacent to the proposed quarry area) would likely experience indirect impacts
from numerous causes, including noise disturbance and loss of habitat for animals that require lands
adjacent to the preserve. Given the high value of the conservation values in this area, it is our
conclusion that development of a quarry in the proposed location would irreparably impact
globally-imperiled and globally-vulnerable conservation values, and these impacts could not be
fully mitigated. In addition, by impacting the Aiken Canyon site, the quarry would also impact a
large, connected landscape that the Conservancy and partners have worked to conserve for more
than two decades.
Site Description

According to the Colorado Natural Heritage Program (CNHP) 1, the Aiken Canyon site supports two
rare plant communities and provides refuge for numerous plant and animal species. This site is
within the Front Range oak-shrub foothills zone that is rapidly being converted to developed uses.
Located at the ecotone between the prairie grasslands of the Great Plains and the forests of the

1 Doyle, Georgia, John Armstrong, Jim Gionfriddo, Dave Anderson, Joe Stevens, and Robert Schorr. 2001. Survey of
Critical Biological Resources, El Paso County, Colorado. Colorado Natural Heritage Program, Colorado State
University. Fort Collins, CO.

044

 lower montane zone, the shrubland and woodland communities at Aiken Canyon are interspersed
with meadows of mixed-grass and tallgrass species. As used here, "Aileen Canyon" refers to the
entire CNHP Potential Conservation Area (see figure), including but not limited to The Nature
Conservancy parcels.
Aiken Canyon and the sutTounding landscape support numerous conservation values. Some of
these values will be directly impacted by locating a quarry at the proposed site. Others may be
directly or indirectly impacted. Among the values on this site are:
•
•
•
•

•
•
•

An excellent-to-good occurrence of a globally-imperiled mountain mahogany (Cercocarpus
montanus) and needle and thread grass (Stipa comata) shrubland
An excellent occurrence of a globally-vulnerable two-needle pinyon (Pinus edulis) and Scribner
needle grass (Stipa scribneri) woodland community
An excellent occurrence ofGambel's oak and mountain mahogany shrubland (Quercus
gambelii-Cercoca,pus montanus/Muhlenbergia montana)
Mixed-grass prairie remnants that provide habitat for two skipper butterflies, the dusted skipper
(Atrytonopsis hianna), and the Simius roadside skipper (Amblyscirtes simius), which are
restricted to remnant patches of mixed grasslands where their hostplants big bluestem
(Andropogon gerardii) and blue grama (Bouteloua graci/is) occur
The state critically-imperiled birdbill day-flower ( Comme/ina dianthifolia)
Habitat for numerous species of wildlife, including black bear, mule deer, elk, mountain lions,
bobcats, gray foxes, badgers, and tuft-eared pine squirrels
More than 100 species of birds, including three species of nuthatches, western bluebirds, wild
turkeys, hairy and downy woodpeckers, and several raptors, including golden eagles, prairie
falcons, northern harriers, Cooper's hawks, and sharp-shinned hawks

Aiken Canyon is adjacent to two other large, important areas for wildlife: the Bureau of Land
Management's Beaver Creek Wilderness Study Area (WSA) and the Fort Carson Military
Reservation. As with all WSA 's, the Beaver Creek WSA is a large, road less area with wilderness
characteristics. In 2005, Fort Carson received the first U.S. Fish and Wildlife Service Military
Installation Conservation Partnership Award for its outstanding environmental resource
conservation and management leadership achievements oriented at many declining native species,
including the Mexican spotted owl, mountain plover, swift fox, peregrine falcon, greenback
cutthroat trout and the Arkansas darter. The Conservancy has worked with Fort Carson to expand
conserved wildlife habitat by more than 23,000 acres by putting conservation easements on
ranchlands adjacent to the military reservation. Recently, the endangered black-footed ferret was
reintroduced to these conserved ranchlands. Many of the animals in the WSA (elk, deer, mountain
lion, bobcat, black bear, and numerous raptors and other birds) move across the landscape,
including onto Aileen Canyon and across highway 115 onto Fort Carson and back. The connectivity
among these various parcels is essential for sustaining the area's wildlife and declining species.
The quarry site is entirely in Critical Habitat for the Mexican Spotted Owl (Strix occidentalis
lucida), a federally listed threatened species. Critical habitat is a term defined and used in the

045

 Endangered Species Act. It is specific geographic areas that contain features essential to the
conservation of an endangered or threatened species and that may require special management and
protection. Critical habitat may also include areas that are not currently occupied by the species but
will be needed for its recovery.
Conclusions

Aiken Canyon and the surrounding area contain important conservation values that would be
directly and indirectly impacted by a quarry. Likely and potential impacts include but are not
limited to, (1) direct loss of species and habitat due to removal of native vegetation and the
topographical characteristics of the site; (2} harmful impacts from dust to plants, insects and other
small organisms that are important components of the ecosystem; and (3) disruption of resident and
migrating wildlife populations from quarry traffic and operations. Some impacts of a quarry could
possibly be reduced if close consultation and careful planning with the relevant agencies is
conducted, and those plans are rigorously adhered to if the project moves forward. However, it is
important to recognize that some of the adverse impacts to Aiken Canyon's unique conservation
values cannot be fully avoided or mitigated even with the best planning. Some of the site's
conservation values-in particular the shrublands and mix-grass prairie along with the dusted
skipper, Simius roadside skipper, and other animals that depend on them-were far more abundant
before widespread development along the Front Range occurred, and are now so imperiled that they
cannot sustain additional loss or impact. It is therefore The Nature Conservancy's conclusion that a
quarry should not be developed in the proposed location because of the unacceptable degree of
impact it would have on rare and impe1iled conservation values, including some that are global in
significance.

046

 TheNature ,.t~
Conservancy~
l>rV'.cot,na ,.,1.,.,. " ' - 1<1.:

Conservation Targets at Aiken Canyon and Vicinity

.__. Quarry Reclamation Area

c:J Proposed Hitch Rack Quariy Mine

c:::J TNC Aiken CanyQn Preserv• and Leas.>
. . G2 Rank C.rcoearpw mon1an.us I Hesperostipa comata Shrublanc:I
CNH? Potential Consel'V)atlon Areas

p-L

USFWS Crin.cal Habitat Mexican Spotted OWi

047

 COJ,.·ORADO
Di!,Qs~on of Ractamatlon,
Mining an~ Safety
llepal'tme_nt ol Natural ll~ura,
1313 SheflTJan Street, Room 215
Denver, CO 80203

DATE:

December22; 2016

TO:

'l'i:amit ~ Concrete Co.
ATIN: Andre LaRoche

444 E. Costilla St.
Colorado Springs~
RE:

·

co 80903

Findings pf Fact, Conclusions ofLaw and Order
Transit Mix ~oncrete Company , ·.
·· ·
File No. M~2016-·0IQ

On December 20, 2016 the Mined Land Reclamation Board signed the enclosed Board Order
for the above captioned op;ration. We strongly advise that you read this document carefutiy: Tbe
Board ord~ that applicant file no. M-2016-0lObe DENIED.

Certified Mail
1014-2120~0001-1s69-7827

ec·s
Amy E~chberger

Wally Erickson
John Roberts
Scott Scultz

1313 Sliarman Sttel!t, Room 215, Denver, CO 110203 P 303.866.3~67 F 303,&32.8f06 http:f /mlnfn1,state.c:o.us
John w. Hfckentooper, Govamor I Robert w. Rill'ldatl, Executive Dfrector I Vlrgfnfa Brannon, DfrKtor

I
048

 BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
. . ... .
FINDINGS OF FACT,. CONCLUSIONS
OF w,\W, AN.I) QRDER
.
Il'f THE Iv.!A~R OF THE APPLICATION OF TRANSIT MIX OONCRETE
COMPANY FOR A 112 CONSTRUCTION MATERIALS RECLAMATION

PE:RlVUT, File No. M-2016-010
THIS MATTER came before the Mined. Land Reclamation Board ("Board") on
Octob~r 26 and 21, 2016 in Colorad.o Springs for a. hearing to consider the
application for a 112~ .~n~truction m.aterials ,;edao:a~tion pe~·~it fil~d by T~1,1~sit
Mix Concrete Company ("Appljcant"), file number M-2016-010.

Arn.y Eschberger, wany Elickson• .Peter Hays, Tim Ca~er, and Assistant
Attorney Geri,eral Scott Schultz appeared on behalf of the DivisioI). of Reclamati_o n,
Mining and Safety C'Division''). Norton Cutler, ~sq. appeared oh ·b,half of
ApJ>licant. Cari·ie Be~nstein, Esq. and l\manda B~adley, ~sq. appeared on behalf o{
Objector Cheryl ~mble. Steven Mulliken, ~sq. appeared on b~half of Objector
Ingersoll Trust. Fire Chief Hartmut Wl"ight appeared on behalf of Objecto1·
Sou~hwest:ern Highway 115 Fire Protection District. Objectors Nancy Reed, Ga1-y
I{. (Kria)"McCowen, Warren Dean, and Weldon Flaba.1.'ty each appeared on his or
her own behalf.
The Board, having considered the presentations, testimony, and evidence
of the Diviaion;l Applicant; and the objectors, and being otherwise fully informed
of the facts in the matter, enters the following: .

FINDINGS OF FACT
1.
On March 8, 2016, the Applicant filed an application with the
Division for a 112c r~clam.ation permit under section 84-32.5-112, C.R.S. for a site
known as the Hitc};t Rack Jtanch Quany in El Pai:;o County, Colorado, file number
M-2016-010 ('1Application"). Th~ Application proposed an oper~tion to be located
in section 16, Township 16 South, Range 67 Westt 6th -P rincipal Meridian on
property known as Hitch Rack Ranch.
2.
On March 9, 2016, the Division deemed the Application "complei' and
extended the standard. ninety-day decision deadline by sixty days, from June 6,
2016 to August 5 1 2016, pu.rsuant to Rule 1.4.1(7) of the Mineral Rules and
1 The

Division was advisory staff to the Board, not a party, in this proceeditii,

049

 Regulations of the Colorado Mined Land Reclamation Board fo.r the Extraction of .
Consti·uction Materials, 2 CCR 407-4 ("Rules'1) : · · · · • · ·· . ·· · · .· ·
· ·
·
a.
During the pt{9llc comment p·e riod; as mandated by Rule 1.7.1, the
Division received one hundred eight comment and objection letters from
individuals, organizations, and agencies. The public comme11;t perjod clo~ed on
April 19, 2016.
.

4.
On June 14, 2016, pursuant tp ~ule .l.6.2(1)(t), the Division required
the Applicant to provide additional notice to the property ·owners at the Ea~les Nest
and Bauer Ranch sub#visions. Du.ring this second publi~ comment pe1·iod, which
the Division received nine
closed on July 8, 2016,
.
. written objection letters.
5.
Qn June 80, 2016, the Division hosted an infm;mal public meeting in
Colorad9 Spl'ings for the purpose of explaining the application review process, issues
within the Boai·d's jw·isdiction, the prehearing conference, and formal Board he!lring
processes. Part~es and interested persons w~re. informed of the informal public
meeting by written notice, provided on June .9, 2016.
6.
The Division extended t~e Application,rec<;>mtnend~tion .4e~dline from
August 6, 2016 to October 4, 20i6 on the Applicant's·request. The prehe~ing
conference and Board hearing were rescheduled and propedy noticed accordingly.
7.
During the review period, the Division generated six adequacy Ieiter~
between May 27, 2016 and September 23, 2016. The Applicant addressed all ·
adequacy issues to the Division's satisfaction.
8.
On SeptemJ.:,er 29, ~016, the Division iss':\e4 .a nd served on all parties
both a written recommenaation to approve the Application over objections and a
written rationaie for that recommendation.

9.
On October 6, 2016, the Board, through a prehearing officer, conducted
a prehearing conference in Colorado Springs. The prehea.r ing offi.~er issued a draft
prehearing order. Among other things, the draft prehearing order identified five
categories issues for the parties to present to the Board for co~iderat~on. At the
hearing, the Board considered the dra'1 prehearing pr~er and invited amendments
or adjustments to be proposed by the ·p arties. No party objected to, or proposed
amendments or adjustments to, the dr~ preb9aring (;)rder~ The Boai:d ad<:>pted the
draft prehearing order ·a s the final prehearing otder.
·

of

10.
The Application described a proposed construction mate1ials (granite)
mining operation and o~-site processing of mined materials, including crushing,
screening, washing, and production of aggregate products. The proposed operation
woµld be the f9urth quarry in the foothills west of Colora(lo Highway 115 near

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Colorado Sprh)gs (t)le others being the Me~zei' Quarry. ~¢ ~d Ca_nyon Q~arry, am~

Tabl~ Mountain.~l~rry).

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11. The permit bo1:1J1da1y described in the Application included three lru·ge
excavation areas with highwalls maintained in a benched configw·ation on 892.75
acres of affected lands. As described in the Application, the proposed operation would
advani;:e throu~h ~ix mi~_n g phases _w ith reclamation occw·ring concur~·ently as the
ope1·ation progi·esses. The Application proposed to reclaim the affected lands for
wildlife habitat. The Division calculated the financial warranty fol' the operation
thr~ugh ph~se t'.h.ree to be $8,857.842;p0.

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12. Th~ proposed pei'm~t boundacy included segmen~s of Little Turkey
Creek and Dead.man Creek.
.
.

.

13. As proposed, the permit boundB.ly included pa11: of Little Turkey Creek
Road, -a private dirt road. Little Turkey Creek Road branches at a point east of the
proposed pe1,nit boundary and both branches p1·oceed through the proposed mining
operation. One bran.ch of Little Turkey Cl'eek Road parallels Little Turkey Creek
through the proposed mm:ing area, while the othe1· branch of Little 'l'urkey Creek Road
parallels Deadman Creek through the prop9sed mining area. Little Turkey Creek Road
is the sole means of access for residents of the Eagles Ne~t subdivision_.

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i4. The m.ining plan in the Applic~tion proposed to construct a·n access
road for the miping operation, which road ~as proposed to cross Little Turkey
Creek Road, Little Tw·key Creek 1 and Deadµian Creek. In resp·onse to t~e
Division's third adequacy review letter, dated August a, 2016, Applicant submitted
an "Engine~ring ~vduation of Littl~ Turkey Creek Road," signed and eealed by
Paul Kos, PE of Norwe_s t Corporation. The engineering evaluation stated that "the
quarry design includes plans to build a separate access road so that no heavy
equipment associated with the quauy will travel Little Tm·key Creek Road.'' The
engineering evahiation further stated, at page$ 8-9:
Potential Problem: The quarry access roads will require en
intersection on both tb,e Little Tlµ'key C:r~ek and Dead.man Creek
segments of Li_ttle Turkey Creek RQad, These intersections could
im,pact the safety all.d ea'3e of use of the road.
Solution: The intersection and crossing of Little Turkey Creek
Road will be established during the initial quarry development and
last through the life ~f the quarl'y. The intersection and ~rossing of
Dea~man Crijek will ~e establiijhed o~ce minuig commencea in the
North Pit ~tension ~a, and t)le intersection will be removed and
reclaimed when mining and reclamation i~ finished in this area. ...

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 Both _int~rs_ecti~_n s MU l;>e ~~-gi·ade cross_ings equipped with atop
signs io.r mine traffic. Traffic on Little Turkey Creek Road will not
be t~qu_ired_to stop. E1?tab~sbing tbe inter~ectio;n ,;equ_ires ..
1·ealig·ning ~ittle· Turkey Creek l.wad for approximately 400 feet to

rem,ove u.nnec~ssary curves~
15. ~t the h~al'irtg, ~ohert Stabo ("-I_vlr. Stabo") tea.tiffed on behalf of the
Applicant. Mr. ~tabo stat~d that, u1,1der the propqsed ~lasting plan in the
Applic,;,.tion, t1·affic wµl not be p~r~itted through the qu~rry on Little Tµrkey Creek
Road fo1· a period of ~ime. Amy Eschberger teatifie4 foi; .the Division that the
Applicant's blasting plan provided that: blasts may occ~ up to three times per week;
prior to 3: blast, ·" access corridors will be s~cured for the l~ngth of t~e needed to
successfully comp}ete the blast;" a typicai. length of tht~e for a bla!;it is approximately
thirty minutes, but that access ~rridors may be secured
a i9nger, unspecified,
pe1·iod in t~e event of a mis~e. Segments of one 01· both b1·ancbes of Little Tui·key
Creek Road into and th.rough the mining operation constitute "access corridors."

for

16. __ At th~ 1'e_~cing, fir~ ChiefHartmut Wl'ight ("Chief Wright") testified
about the dangers of fiy rock 1·elated to blasting, that approximately ninety percent
of the resid,mt~ near the proposed operE,ttion are.more than :i;i£ty years 0£ age, a;nd
about the impoftan~ of em~rgency tehicles ~aving apcess ~hro1:1gh the quarry on
Little Turkey Creek Road: Chief W1·1ght further testified that the F1·ont Range is
an area extreme fire d{.mger, and that the area of tl;ie proposed operation presents
a high potential tha..t a fire would spread because it is in a }lox canyon.
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17. R~C Gr'otip, L'LC is the ownet of the Hitch Rack Rai:tch. At the
hearing, tl1e Applicant offere9- intp evidence an "Owner•s ~c}inowledgement."
signed by RM.BC Group, LLC on September 15, 2016. stating that pursuant to a
royalty agreeme.nt betwee.n lfl'4BC Group, LL9 an~ the Appifoant, th~t th8 . .
Applicant '~has the legal right to enter upon [Hitch Rfick Ranch] .for the puwose of
mining operations and the e;ictraction of construction aggregates." The Division
testified ·that it has 1•eceived the Owner's ~cknowledgment." 'rhe Board admitted
the Own.er's Acknowledgement into evidence ove1· objection by counsel for Objector ·

Cheryl Kimble.

if3. · One ~~ lliore residents of the Eagles Nest sulldivisiQn possess a nonexclusiv! ~asement on Little T~~ey Creek Ro!ld. The ~esidents of tli~ Eagles Nest
subdivision who pos~es~ the easement a:t:e tlie (J()l):lina'1t-est~te owners Qf tlie Little
Turkey Creek Road easement. Counsel for Objector Kimble 1;e$tified that the
domin~nt. eas~ment w~s i11. the re.cords of the' El PJs~ County Assessors Office at
the time that the Application was filed with the Division.

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 19. On October 6J 2016, Qbjecl;or Chezyl IU;111'1le subpiitted, tl.}rough
counsel, her DRMS Rule 2.6 Pre-He~ring Motio.n to Deny Application for Mining
Permit ("J?rehe~ing .Mqtion''). On October 20. 20~6. the Division Bijbmitted itf;i
response to the Prebea1'ing M9tion. In its responije, th~ Divisio,i sttited, in
paragraph 18:
The Division has not received the source of the Applical)t's legal

right to ~tilfae 1'ittle Turkey Creek Ro~d as prop<>sed jn the
Application, i.e., irµtiate a mining ope1;ation on the affected land,
specifically Little Turkey Creek Road.
20. At the hearing, the Applicant testifiEld th~t crossings of Little Turkey
Creek Road, its planned improvements to the road, ifod closures of the road for
blasting do not constitute an iJnpermissible or unreasonable interference with the

use of the eaeement.
21. As proposed in the Application. the Applicant's responses to adequacy
letters from the Division, and based on evidence and testimony presented at the
hearing, the Applicant planned to affect Little Turkey Creek Road through
modification of the 1;oad (e.g., straightening the road and adding crossings) and
tempor~ closure~ of the road for b)asting.

22. The Applicant bas not demonstrated that it has received, or is not
legally reqllired to receive, the conveyance of~ legal right to enter and initiate a
mining operation on Little Turkey Ci-eek Road from the owners of the domin!lnt
~asement on Little Turkey Creek Road. The Division testified that the adj~di.cation
of private p:roperty rights are outside the authority of the Division and the Board.
23. At the hearing, Timothy Crawford ("Mr. Crawford") of Bishop-Brogden
Associates, Inc., testified on behalf of the Applicant. Mr. Crawford testified that
three primary aquifers exist at or near the proposed mining site, including a
fractured rock aquifer associated with Little Turkey 01'.eek, perched on shallow hard
rock systems, and sedimentary bedrock aquifers. Mr. Crawford opined that the
proposed mining operation wiU not intercept groundwater, and have nq impact on
neighboring wells OJ.' nearby surface water or groundwater users. Mr. Crawford
testified that Little Turkey Creek will buffer potential impacts to wells west of the
proposed quarry. Mr. Crawford also testified that if impacts on surface water or
groundwater are identified, then the Applicant will remedy s\lch impacts. Mr.
Crawford testified that evaluating groundwater resources is not all, exact s¢~ence,
and that the magnitude of changes and consider~tiori of available data is important.
24. At the hearing. Objector Ingersoll Trust presented testimony from
various witnesses about groundwater concerns and potential impacts on

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 groun_dwat~~· from .the -P.~opo(:led mining operation, including Steve M,u.lµkeri; J~rey
M(?ore, Teo l{e1•1·, and Charles Norris: · ·
Steve Mulliken ("Mr. Mullik~n11) testified that water.'t o in~vi~ual wells
in the area originat~_s ,from water h~ld in fracturea.grani~e, npt ,arge ~tquife1· and
that monitoring wells would be i_neffectjve. ~. Mullik~n testified th!}t the graaj.te
deposit that would be r~move·d by the proposed mining operation is the water
storage vessel and delivery :SYSt~m fo1· small water deposit~ .

2!5.

a

. ~6- .Jerry Moote ('~r. Moo~e"), a retired e~loration -hydrologist, .t estified
on behalf of Qbjecto,: Inger~oll Trust that the fractured grapite aquifei· in, the area of
the prop9sed mining ope~ation has a relatively small volume of water and is very
sensitive to being recharged. Mr. Moore also testified that it is .very difficult to
~CCtrrately model fractu1•ed aquifers. .Mr. Moore stated that surface Wate1• and
groundwater flows are directed to the propose.µ affected a1·ea, and that the mining
operation'a reinovai of the granite will destroy the "p~peline" for the water and
damage the ~urrent wate1· recbw.·g~ 'flow system.
:27.

At tbe hearing, Ted Kerr ("Mr. I<:erl"'), President of Red R()ck Valley

Estatee Water Di~trict, testified on behalf of Objecto1· Ingersoll Tru.st. Mr. Kerr
testified that the District has never had a 1·eliable water source; that any water, and
particularly g_ood wat~r, is difficult to f;ind; and that District residen.ces hav~ xeric
lan,dscaping, not lawns.

28. Charles Norris, Ph.p. ("Dr. Norris") with Geo•Hydro, Inc. testified a~
the 4~aril')_g on behalf Objector Ingersoll Trust. D,'.+ ~on.is testified that there is
no indication of perch~d water in the ·a rea. I>r. Norrµ3 m.sputed the te~imony on
behalf of t~e ~pplicant regar,ding how the gr~nite fractw.:e sy~tem drains. · ·
Specifically, p~. Nol'ris testified that *e Applicant mocieied.the a.r ea drainage on a
sand pile, which drains m~ch differently than a fractured granite system, such as
the system loc·a tecjin th;e area 9ftlie proposed mining operation. Dr. Norris
test~~d that th_e ~ining operation will drain water from the flanks of Little Tw·key
Creek, red~ce ~he ba~e flow (and possibly the perennial flow) of the creek, and
reduce availability of water to wells in the valley.
Norrjs opined that removing
granite from the propo~ed mining afoa will destroy the pathways for water
movement. Dr. Non.is te·stified that the proposed qua·r ry will absolut~ly impact
water level~ and that it i!:l.imposslble ,t o tell the impact ori groundwatex until after
the gro-u~dwater system ia already affected.

of

Dr.

29.
At the bearing, Steve Boyle (''Mr. Boyle") of BIO-Logic, Inc. te8tified on
behalf of the Applicant. Mr. Boyle testified that BIO-Logit, Inc. mapped vegetation
communiti~s on tJ1e pioposed mining site, performed a biological evaluation of the
site, conducted a Mexican Spotted Owl Ha:11bitdt Assessment (indicated by the .

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 l)ivisio~ to have occurred op Octol:>er 1a, 2016), performed a )Mexican Spotted Owl
Survey Report (indicated by the Division to have occurred on June 24, 2016), and
completed a N:esting R11ptor S-µrv~y ~eport. Mr. Boyle testified that the ~v~iuations
at the site found no Mexican Spotted Owls, found ho nesting raptors, found no Ute
La(.lies' Tresses lw.bltat.1 and identified approximately one hundred fifty species
likely to occu1·
nt tha. site.
· ·
.
.
30.

Mr. t!oyle testified at the hearing that th~ Me~can Spotted Owl is on

the fed~r~l list of"threatened" species. Mr. Boyle further testified that the Mexican
Spotted <;>wl is , SJJ1all bird t~at is selective about where it nests, pr~ierring old·
growth c9nife1· forests, rock cliffs. and can;vons.
31.
Mr. Boyle te~tified that the age of the conifers in the area make it a
poor quality nesting hal)itat fo1· Mexican Spotted Owl,·but that one area at the site
could cpnstitute nesting habitat. Mr. Boyle testified that approximately 325 acres
of suitable Mexican Spotted Owl foraging habitat would be impacted by the
proposed mining operation. Mr. Boyle testified that foraging by Mexican Spotted
Owl in the area of the proposed mining ope1·ation will not be possible u,ntil ~fter
completion of.recla.m~tfon.
·

32. Mr. Boyle testified that the proposed mining operation w1>uld displace
wildlife in the area. but that such impacts will be local and not regional
33. John Sanderson, Ph.D. enr. Sanderson") of The Nature Conservancy
testified on behalf of Objector Ingersoll Trust. Dr. Sanderson testified that the
proposE)d mining operation, as proposed in the Application, is in the heart of an area
of very high biodiversity significance and that it abuts an established nature
preserve that is more than one thousand six hundred acres in size. Dr. Sanderson
testified and showed exhibits demonstrating that Hitch Rack Ranch is within a
migratory corridor for animals including elk and mule deer between the Beaver
Creek Wilderness Study Area to the west and Fort Carson to the east. Dr.
Sanderson further testified that Hitch Rack Ranch is a critical connection point in a
fout-hundred•square-mile conserv~tion landscape.
34.
Di·. Sanderson testified that the proposed mjning operation would be
northeast of the Aiken Canyon Preserve. Dr. Sanderson testified that th~ Aiken
Canyon Conservation Area includes habitat for wildlife. such as black bear, mule
deer, elk, mountain lions, bobcats, gray foxes. badgers. tuft-eared pine squirrels.
and more than one. hundred species of birds. Dr. Sanderson testified that while six
hundred species of plants are located in the area, the reclamation plan of the
proposed mining operation irulntifiee only twenty-two plant species. Dr. Sanderson
testifi~d and pre~ented fU) exhibit showing that wild turkeys inhabit the area.
including an area within Hitch Rack Ranch near Little Turkey Creek.
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 35.
Dr. Sanderson testified that the Mexican Spotted Owl has been listed
as threatened since 1993 and that it requires old-growth conifer fore.s ts or rocky
cliffs for nesting. Dr. Sanderson testified and presented an exhlbit from the
Mexican Spotted Owl Assessment performed by BIO-Logic, Inc. showing that Hitch
Rack Ranch is entirely located in ~me of tlll'ee Mexican Spotted Owl "Critical
Habitats" west of Castle Rock, Colorado Springs. and Pueblo. Di-. Sanderson
testified that "critical habitat" may include "areas that are not currently occupied by
the spe~ies but will be needed for its recove1·y." Dr. Sander.s o~ testified ~hat the
area from Cnfton City to Oolo1·ado Springs is the best place'in Colorado for Mexican
Spotted Owl. Dr. Sanderson presented Figure 4 from the Mexican Spotted Owl
Assessment performed by BIO-~gic, Inc.• sho'Wiilg that the proposed mining site
includes ''fair" nesting habitat. · Dr. Sanderson 't estified that the site of the proposed
mining operation contains good ,quality foraging habitat, and possibly roosting
habitat, for the Mexican $potted Owl.

CONCLUSIONS OF LAW
36.
The Boai·d has jm·isdiction ovel' this matter pursuant to the Colo1·ado
iand Reclamation Act for the Extraction of Construction Materials, Article 32.5 ~f
Title 34, C.R.S. (20],.6) f'Acf').

87. Unde1· section 34-32.5-115(4), C.RS.; "the applicai!t :inti~t tJomply with
the r~quirements of this article and section 24-4-105(7), C.R.S.;' ·
·
38.
Unde1· Rule 1.4. l(iO), the Applicant "has the burden of demonstr~ting
that the application meets the minimum requirements of the Act, Rules, and
Regulations."
39. Under Rule 2.8.1(1) and section 24-4-106(7). C.R.S., "the proponent of
an 01·der shall have the burden of proof." As the party initiating this matter by
filing the Application, !\pplicant was the "proponent an order" at the hearing and,
therefore, has the burden to prove that the Application was consistent with
applicable laws and rules, and should be appr6ved by the Bo·ard.

ot

40.
In considering whethe1· to grant a permit to an applicant, the Board
"shall not 4eny a. permit except on one or more of the following grounds," as relevant;
(a) The application is incomplete and the p~rformance and
.financial warranties have not l,een Pl'.Ovided; ..

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(c) Any part o.fthe proposed mining operation, t4e r~clamation
program, or the proposed futu1•e use is contrary to the laws or
reiul~tion.$
.of. thi$ arJicle.
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(g) The proposed. reci)a,mation plan do(3S not conform to the
1·equiremeilts of section 34-32.5-116.

C.R.8. § 84-32.6-115(4) (2016).

~1. The. Applicril\t failed t<) meet it$ ·burden fa>, show tb.a t ~he Applicat~on
meets the minimum requirements of the Act, specifically, the requirement to show
the source of the legal right to enter and initjate a mining operation on affected land
set forth in section 34-32.6-112(l)(b)([V), C.R.S. ThC?. Application proposed to
realign a portion of Littl~ Turkey Creek Road, close the road temJ,1otarjly during
miniiig operation.~.• and to install cro$sings of the road. The Applicant's proposed
impact on Little Turkey Road may affect the legal rights of the dominant estate
owners of the easement on the road. Determination of the legal rights of the
ease:1;11.ent own~rs is etutsi~e the Board's jurisdiction. However, the Board is
required to determine whether the Application shows that the Applicant has
obtained from all owners of record a legal right to enter and initiate a mining
operation. The Application failed t.o demonstrate to the satisfaction of members of
the Board that the Applicant has obtained from all property owners, including
dominant estate owners of the private road easement, a legal right to enter and
initiat~ a ~ining
on Little Turkey Creek Road.

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operation

42. "Affect~d land" means "the surface of an area within the state where a
mining operation is being or will be conducted, which surface is disturbed as a result
of an operation," specifically including private ways and roads. C.R.S. § 84-32.5108(1) (2016). tittle Turkey Creek Road constituted "affected land" because of the
manner of use, and inteµded modification, of the road as proposed in the Application.
43. ,Applicant has not demonstrated that it does not need to obtain a legal
right ofentry from the doip.inant estate holders, There exists a dispute regarding
whether the servient estate holder bas au~hority to grant th~ Applicant permissfon
to alter Little Turkey Creek Road over the objection of the dominant estate holders.
This dispute exists regardless of whether Applicant's proposed modifications and
use of the road constitutes an impermissible or unreasonable interference with the
dominant estate holders' use of the easement. This is a legal dispute regarding the
respective property interests of the dominant and servient estate holders as granted
by the easement. The Board does not have jurisdiction to resolve this legal dispute.
Without resolution of this issue, however, Applicant cannot ~~tits burden to .

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 demonstrate that it has obt~11ed the legal right of entry to init(ate a mining
operation.on Little Turkey Cree~ Road.
· · · · · · ··
,

TQ the e~ten,t that the Applic~t may b~ 1·equired by the Act and Rule.a
44.
to obtain an~ sl].ow a legal 1·ight to e_n ter and initiate a mining operation on Little
Turkey C1•eek Road from ~11 p1·oper"ty owne1·s, including domin~nt estate hoiders,
th~ Application is incomplete.
45~

SectiQn 3tS2~5~11~(4)(h), d.R..S. prQvi~es:
Rec)amation plans and their implementatjon are required on all

affected lands and shall coµform to the f.01).owh1g -r~tru.il:emelits:

(h) Disturbances to the prevailing hydrologic balaµce of the
affected land and of the ~m·ro~nding area a·n d to the quality and
quantity of water in surface and g1:oundwater sys~ems, both duiing
and after the mining operation and during reclamat.ion, shall be
minimized. Nothing in this paragraph (h) shall be cionstiued to
allow the ope1·ato1· to avoid compliance with otbe1· statutory
pl'Ovisions govel'n.ing we~ .,ermits an~ augmentation requirements
and replacement plans when applicable.

46.
The Application failed to demonstrate to the satisfaction of the Board
that the impact ~f the proposed mining ope1·ation on the ·p revailing hydrologic
balance of the p1·oposed af.fecfed land and the surr"ouncling area and on "the quality
·
and quantity of groundwater system_s will be minimized.
47. ·By failing ~o demons~rate that the impact of the prQposed mining
operation on the prevailing hydrologic balance of the propo$ed a{feded land and the
surrounding area, and on the qua"iity and quantity of groundwater systems will be
minimized, the reclamati.011 p}a.n bi the Application fails to conform to the
requirement~£ s~ction 84·32.6-I16(4)(h), C.R.S 1
48.
Because the reclamation plan in the Appli,cation fa~ to conform to the
requirement of section 84-32.5-116(4)(h), C.R;S., the Board may deny the
·
·
Application in accordance with section 34-.32.5-115(4)(g), C.~.S.

49.

Rule 8.1.8(1) requires:
All 11spec~SJ of the mining and reclam1,1tion plan shall take into
account the safety.and pro.iection of wildlife Pll the mine site, at
processing sit.es, and along
access roads to thE!l mine site with
speci~l attention given to critical periods in the life cycle of those
species which require spec~al. considetation (e.g., elk calving,

all

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 migl'atiQn, rQutes. peregrine falcon ne~ting. grotjse strutting
gro.unds).
··
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50,
Rule 6 ..4.8 requi:reij an application £9r a 112 reclamiition permit to
provide, in Exhibit El:, irifoi'matiort about the wildlife in and around the proposed
mining area, and ~tates; '

(l) In developing the wildlife information, the Operator/Applicant
may wish to conta:ct the local wildlife conservatfon office1:. The
Operator/Applicant shall include in thi~ ixhibit. a description of
the gam~ and non~ga!Ile resources on and in the vicinity of the
applicati9n area, including: ·
(a) a description of the significant wildlife resources on the
affected larid,;

(b) seasonal ~se of the a~ea;

(c) the presence and estimated population of threatened 01·
endangered species from either federal or state lists; and
(d) ~ description of the general effect during and after the
propos~d. operation on the existing wildlife of the area, including
but not limited to temporary and permanent loss of food and
habitat, inte1ference with migratory routes, and the general effect
on the wildlife from increased human activity, including noise.
(2) The applic~tion nie.y be reviewed and comme_nted upon by the
State of Colorado Division of Wildlife (DOW). If the DOW has
. comments. they must be provided prior to the end of the public
comment period specified in Subsection l.7.1(2)(a) to be
considered by the Board and Office~
51. The Application failed. to take int.o account, to the satisfaction of the
Board, the safety and protection wildlife at the proposed site, including without
limitation, failing to take into account conservation of.Mexican Spotted Owl
foraging habit~ts and potential nesting habitats, and turkey production areas.

of

52.

Because the Application failed to take into account the safety and

protection of wildlife at the proposed site, the proposed mining operation failed to
C!omply with Rule $,1.8.

53. By failing to comply with Rule 8.1.8, the Application may be denied by
the Board pursuant to section 34-S2.5-115(4)(c), C.R.S.

Transit Mix Concfete Co.
Hitch Rack Ranch Quarry/M-2016-010

11

059

 ORDER
Based on t)le fol'.e.going fin~gs oJ tact an4 conclttsions
hereby ord~rs the Application DENIED.

-DONE AND ORDERED tbia

.H"' day of J)eClll\be/'

of law, ~he )!oard
2016.

FOR TH~ COLORADO MINED LAND

RECLAMATION BOARD... .. .

1

an Noo~. Vic~

Chair.

.

""

NOTICE OF Jt)DICIAL REVIEW RIGHT$

11lis ord~~ becomes effe~tive and fina.). upon mailing. Any party adver.s eiy affected
or aggrieved by ~genoy aotio.n may commence an action "for judicial review by filing
a complaint with the wstrict court within thirty.five (85) days afi;~r the effe~tive
date of t]ps order, pur~uant to section 24-4·106, C.:8..S. (2016)' ~~ ~he Colorado
Rules of Civil Procedure. In the event ~hat a complaint for judicial r~vie?? is filed,
designatio*e of recprd ma~e in ~ccordance with section 24.:4-lOe(&), C.ll.S., ·aliow.d
be served on the Board at: 1813.Shermai:t Street, Room 215, Denver, 00 80203,
Attention: Johnie ~bad.
.

Tra-nsit Mix Co~re~e Co~
.
Hitch Rack Ranch Quarry1.M-201e.010

060

 CEfillFICATE OF SERVICE
. ·
This is to certify that I have duly served the within rJNP.lNGS OF FACT;
CONCLUSJONS OF LAW, AND ORDElt upon all p~rties '.4ete~ by depositing copies
of same in the United States mail, first-class postage prepaid, at Denver, Colorado,
this 22 day of Dece~ber 2016 address.ed as follows:

By Certified Mail tp'.·
7014-2120-~001-7869•7827
Transit Mix C~ncrete Co.
ATTN: Andre LaRocbe
444 E. Costilla St.
Colol'ado Springs, CO 80903

By Unite~ States Postal Mail to:

1\1:ai·k McClutg
Highlands of T~key Canon Ranch
. Homeowners Association
15795 Phantom Canyon View
Colon1c:lc;> Springs, CO 80926
William & Marion Baker

8375 Turkey Cajion Ranch Road
Colorado Springs, CO 80926
Chelsea Luttr$ll

2458 Gold Rush Drive, #4
Colorado Springst CO 80906
Lisa Pecoraro

16280 Cala Rojo Drive
Colorado Springs, CO 80926

By inter-office or electronic mQil to:
A,my Eschberg~r
Divi~ion of Reclamation. Mlning & Safety
1313 Sherman Street, Room 215
, Denver, CO 80203

Wally Erickson
Division of Reclt:1mat.ion1 Mining & Safety
1818 Sherman Street, Rooi:n 216
Denvei-. CO 80203

By intra-office or electronic mail to

1•

John J. Roberts ·
Jnrst Assistant Atto;rney Gene1·al
Department of Law
Business and Licensing Section
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th floor
Denver, CO 80203 ·

Scott Schultz
Assistant Attorney General
Department of Law

Natural R.esources and .Envil'onment Section
Ralph L. Carr Colorado Judicial Center
1300 Broadway1 10th floor

Denver, .CO 80203

Trans~t Mix Co~crete Co.
Hitch Rack Ranch Quarry/M-2016-010

18

061

 By U~~ted $tat.es Po~tal Mail
(Contintied):
·
Kathie Rawson
Red
Valley Estates

'notk

S!i~ton ~ein,~IJl~

11515. Cala Rojo Drive
Colorado Springs, po 8()926
I

• •

•

WeJdon W. and .Jennifer K. Flaharty

1-Jeighborhood
·
Association
11795 Calle Corvo
Ooiorado Springs, 90 80926

1005 Glenl'Ock Dr.
·
Oo~o~·ado Sp1i.ngs, CO 80926

Chris B~n~ll
Turkey Canon Ranch Homeowners

Coiotado $pdngs, 00 80926

Association

Charles and '.Nancy Reed
4848 Little Turkey Creek Road 1

Kathie and Stan Rawson
1 i 17'95 C~lle Corvo ·

15575 Hen.ry Ride Height~
Colorado Springs, 00 80926

Colorado Springs, CO 80926

Willia.in B. Sheaves, III
44.60.Tierra Rojo Drive
Colorado Springs,• ¢0 80926

G~rry Klein
11. ~80 Calle Corvo ..
Colorado Springst CO 80926

R*i!ece Eddy

rina Swonger
-RE.!IMAX Properti~s. Inc.

Ridgewood Estates AssociatiOn
1285 Glenr~ck Drive. . . . . . .
Colorado $prings,

CO 80926

Kenneth R. Baird
2386 Paseo Corta

Coiorado Springs, CO 80926

2680 Tenderfoot Hill St.
Ste.100 .
Colorado Spr~ngs,
CO 80~06.
.
.
Charles A. and Patricia L. Watkins
9580 State H~ 115
.
.

Colorado Springs, CO 80926

John ~n4 Krist~n Rigdon
1180 Glenrock Driv~
Colorado Springe, C.O 80926

Charles H. and Denise A. llancock
4241 Little Turkey Cre~k R.d.
Colorado Sprmgs, co 80926 ·

Lynn M~ Steer

1125 Glenrock Drive
Colorado Spfutgs, CO 80926

Rid1ard L. a!ld Susan K. La:rsen
6980 Granite Peak Drive
Cqlorado Springs, CO 80928

EdynJessup
The Nature Conservancy in Colorado
2.424 Sprµce Stre·et
Boulder, CO 80802

Transit Mix Concrete Co.
Hitc;h Rack Ranch Que.rry/M-2016-010

14

062

 Gary l{. :M;cGowen
3070 Little Turkey ~·eek Road
Col~ado Springs, CO 8092(;

Jerry P. arid Karen B. Moore
15836 Spanish Peak Vw
Colorado Springs, CO 80926

Ric}.t_a.i'cl w. al'.ld Rav~n B. Rudduck
10415 Souih State Highway 115
Co.lol'ado Sprlngs, CO 80926

Wa.rre~ H.. D~~n
31$1 Little Tµrkey Creek Road
CQlo1·ado Springs, CO 80926

Stephen Sovaiko
11335 Valle Verde Drive
Colorado Springs, CO 80926

Michael a11d Cynthia Heer

Ray and Julie Whitehead
15954 Cala Jlojo Drive
Colorado Springs, CO 80926

Joe and Suzie Koscove
·' 11545 Calle Co1·vo .
Colorado Springs, CO 80926

John and Debbie Oard
11820 Calle Corvo
Coloi'ado Sp1ings, CO 80926

J~ck and MaryAnn Koscove
15310 South Hwy 1i5
Colorado Springs, CO 80926

Charlton Brice and Denise Brice

Anne and Tom Fellows

11736 Calle CorvQ
Colorado Sp1•ings, CO 80926

11810 Vall~ Verde Drive
Colorado Springs, CO 80926

Sara and Marty Harper
11465 Celle Corvo
Colorado Spd11g~. CO 80926

683 Grey Eagle Cir. S.
Colorado Springs, CO 80919

Elizabeth W. Dean

16292 Cala Rojo Dr~
Colorado Springs, CO 80926

Checyl L. Kimble

3181 Little Turkey Creek Road
Colorado Springs, CO 80926

Carrie S. Bernstein
Alderman Bernstein
101 University Boulevard, Ste. 350
Denver, CO 80206

Karen and Paul Blatchford
6280 Gossamer St.
Colorado Springs, CO 80911

Scott Samson

Transit Mix Concr~te Co,
.
Hitch Rack Ranch QuarrylM-2016-010

11525 Calle Corvo
Colorado Springs, CO 80926

15

063

 Carol J. and David R. Lick
1940 Spii-erock Path
Colorado Sprin~s, CO 80919

-~enn~tJi Troutt

I
I
I

Hartmut Wrig~lt
Southwestern Highway 116 Fire

Protection District
15580 Cala Rojo Dr.
Colorado Springs, CO 80926

!

I
I

11575 Calle Co1-vo
Colorado Springs, CO ~0926

Joseph Salazar Jr.
11780 Valle Verde Dr.
OoiorlidO Springs, co 80926
Mark Hodges
11440 Valle Verde Dr.
Colorado Springs, CO 80926
Mike and Dee Yugovich
4446 Tierra Rojo Drive
Colorado Springs, CO 80926

Sar~ L~Ver~e
1863 Northview Dr.
Colorado Springs. ·co ~90f)
Susa11 E. Pringle and Mo~te W. Junck

Victo1ia Spengler Wekamp and
Doug Lee Wekamp
3086 Little Tui·key Creek Rd.
Colorado Springs, CO 80926

I

I
I

Brian a.nd Betty Gardiner
2{)10 Roca Roja Circle
yolorado Springs, CO 80926

i

I
I

Steven K. Mulliken
Mulliken Weiner Be1·g & Jolivet P.C.
Alamo Corporate Center
102 So¥th Tejon $treet. Ste. 900
Colorado Springs, CO 80903

I
I
I

Jennifer Divers Day
2s20 Paijeo ·c()·rfo .

I

CcJiorado :Springs. CO 80926

I

7i5t; Painted Rock Drive

Col<>raclo Springs, co ao911
Richard C. }iolden and

Geri Sovaiko

I
I
I

11835 Valle Verde Dr.
Colorado Springs, CO 80926

Yvonne Bredee Holden
2109 Woodburn St.
Colorado Springs, CO 80906
Ann Gerber
11680 Valle Verde Dr.

Les Gruen
Urban·Strategies, i~c.

I

Six South TeJon Street, Ste. 650
Colorado Spiings, CO ~0903

I

Colorado Springs, CO 80926
Cindy and Keith Newby
2919 Virginia Ave.
Colorado ·springs, CO 80907

Transit Mix Concrete Co.
Hitch Rack Ranch Quarry/M.2016-010 ·

-16

064

 Michael .Lihs an<:l ~ertha. ''Beege"
Delg~do

· ··

3190 Little Tm·key Creek Road
Colorado Springs, CO 80926

B~rbiu.a L. Hughes a.rid Judy Kline
8011 Springi·idge Drive
Colorado Springs, CO 8()~06

Lawrence Decker .
L,D. and. D.L. Decker Trust
2803 N. Chelton Road
C~li;,rado Spdngs, CO 80909
El Paso County Board of

CQmmiesioners
200 South Cascade Ave., Suite 100
Colorad~ Springs, CO 80903 ·
Turkey Creek ·c onservation District
200 S. Santa Fe Ave., 4th Floor
Pueblo, CO 81008

I
I

TroyL.Day
23:.;!0 Paseo Corto

I

Colorado Springs, CO 80926

l

TedD. Kerr
Boar~ of Dkectors
Red Rack Valley Estates Water
District
11145 Calle Corvo
Colorado Springs, CO 80911

Transit Mix Concrete Co.
Hitch RaQk Ranch Quarry/M-2016-010

i

'

l

l7

065

 State.co.us Executive Branch Mall - Agenda for tomorrow's meeting with Pat and Donna

7/16/2018

•

STATE OF
COLORADO

Randall • DNR, Robert <robert.randall@state.co.us>

Agenda for tomorrow's meeting with Pat and Donna
1 message

Randall • DNR, Robert <robert.randall@state.co.us>
Wed, Apr 11, 2018 at 4:18 PM
To: Masha Myslovskaya <masha.myslovskaya@state.co.us>, Lauren Finch - GovOffice <lauren.finch@state.co.us>
Cc: David Padrino - GovOffice <david.padrino@state.co.us>, Amy Venturi <amy.venturi@state.co.us>

Attached is a draft agenda for my 1:1 with Donna, Pat, David, and Amy. See you tomorrow!
Bob.
Robert W. Randall, Executive Director
~"f/VICOLORAOO

B:'J,."fjf

Department of Natutal Resoutces

P 303.866.3311 x8668 I C 303. 319 .6832
1313 Sherman Street #718, Denver, CO 80203
robert.randall@state.co.us I www.colorado.gov/DNR
~ Donna

& Pat Agenda-041218.docx

15K

https://mali.google.com/mail/u/O/?ul=2&ik=c58f7f7992&jsver=_J 1L9cKFJg4.en.&cbl=gmall_fe_ 180710.15_p2&vlew=pt&cat=CORA&search=cat&th=16...

066

1/1

 DNR 1:1
April 12, 2018

I.

Agenda Items?

II.

Exec Dir Goals for FV18-19-0N TRACK!

Ill.

Personnel
a. Confirmations
i. Spehar on Parks and Wildlife
ii. Overturf on COGCC
iii.
Hawkins on CWCB

IV.

Policy matters
a. Hitch Rack Quarry

V.

Executive Orders
a. Outdoor recreation and Landowner Liability
b. Orphan wells

VI.

Old Business
a.

Severance Tax
i. Stabilization bill {HB 1338)
ii. Industry conversations

b. Water Plan funding
i. Current year funding
ii. long-Term funding
c.

Policy matters

i. Martinez appeal {opening brief on 4-2)
ii. Recreation Use statute
1. EO around Public lands Day (May 19)?
iii.
Outdoor Retailer
1. July 23-26, 2018
VII.

Feedback for me?

067

 State.co.us Executive Branch Mail - FW: Hitch Rack Permit

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

FW: Hitch Rack Permit

1 message

Laura Chartrand <Laura.Chartrand@coag.gov>
To: "Randall - DNR. Robert" <robert.randall@state.co.us>

Thu, Apr 12, 2018 at 1:47 PM

I wanted to make sure that you knew before the hearing that Phil Courtney from SLB will likely be a witness for the
Applicant. At the last hearing, Phil expressed interest and I advised him to not participate - as I didn't feel his
testimony was relevant on whether the Application met the permit requirements, which is at issue. I think you and I
had a brief discussion about this when this came up before. Let me know if you want to chat more - I haven't
mentioned anything to Phil or Bill Ryan. It seems important to him to testify in support of this application, and so
likely there is more going on than I'm aware. I didn't want to create a scenario where one agency might take one
position than another agency.

Let me know if you want to chat.

Thanks.

Laura

laura L. Chartrand
Deputy Attorney General
Natural Resources and Environment
Ralph C. Carr Colorado Judicial Center

1300 Broadway, ih Floor
Denver, CO 80203
W: (720) 508-6295
C: (720) 838-1356

From: Jeff Fugate
Sent: Wednesday, April 11, 2018 2:15 PM
To: Lisa Reynolds <Lisa.Reynolds@coag.gov>; Ed Hamrick <Ed.Hamrick@coag.gov>
Cc: Scott Schultz <Scott.Schultz@coag.gov>; Laura Chartrand <Laura.Chartrand@coag.gov>

Subject: Hitch Rack Permit

https:l/mail.google.com/mail/u/Ol?ui=2&ik=c58f7f7992&jsver=_J 1L9cKFJg4.en .&cbl=gmail_fe_ 180710.15_p2&view=pt&cat=CORA&search=cat&th=16.. .

068

1/2

 State.co.us Executive Branch Mall - FW: Hitch Rack Permit

7/16/2018

Lisa and Ed,

You may already be aware, but Transit Mix has added Phil Courtney/SLB to its witness list. Hearing is set for April 2526 in Colorado Springs. Let me or Scott know if you have any questions.

Jeff

~

20180411 _Translt-Mix_Motion-To-Amend-Wltness-list.pdf
532K

http$:l/mall.google.com/mall/u/Ol?ul=2&1k=c58f7f7992&jsver-_J1 L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&vlew=pt&cat=CORA&search=cat&th=16... 2/2

069

 e

STATEOF
COLORADO

Temp - DNR, ORMS <drms.temp@state.co.us>

M-2017-049 / Transit Mix Concrete Co. Motion to Amend Witness List

O'Connell, Aaron J.<aaron.oconnell@hoganlovells.com>
Wed, Apr 11, 2018 at 1:45 PM
To: "drms.temp@state.co.us" <drms.temp@state.co.us>
Cc: "Anderson, Scot W."<scot.anderson@hoganlovells.com>, "Titus, Elizabeth H. \"Liz\"'' <liz.titus@hoganlovells.com>

Attached please find Transit Mix Concrete Co.'s Motion to Amend Witness List for filing, pursuant to the Mined Land Reclamation Board
Order dated March 19, 2018.

Thank you.

Aaron O'Connell
Associate
Hogan Lovells US LLP

1601 Wewana Slreel, Suite 900
Denver, CO 80202
Tel:

+ 1 303

Direct

+1 (303) 454 2517

Fax:

+1 303 899 7333

Email:

aaron.oconnoll@.bQganlovells.com

899 7300

www.hoganlovells.com

Pleas& consider the environment before printing this e-mail.

About Hogan Lovells

Hogan Lovells is an international legal practice that Includes Hogan Lovells US LLP and Hogan Lovells International LLP. For more information, see
www.hoganlovells.com.
CONFIDENTIALITY. This email and any attachments ara confidential, except where the email states II can be disclosed; it may also ba privileged. If received in error.
please do not disclose the contents to anyone, but notify the sender by return email and delete this email (and any attachments) from your system.

~

Motion to Amend Witness Llst.pdf
398K

070

 BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO

IN THE MATIER OF THE APPLICATION OF TRANSIT MIX CONCRETE COMPANY
FOR A 112 CONSTRUCTION MATERIALS RECLAMATION PERMIT,
File No. M·2017·049

MOTION TO AMEND WITNESS LIST

Transit Mix Concrete Co. ("Transit Mix"), by and though the undersigned counsel, hereby
requests that the Colorado Mined Land Reclamation Board allow Transit Mix leave to amend its
Witness List to include Phillip Courtney, Solid Minerals Leasing Manager for the Colorado State
Board of Land Commissioners (the "State Land Board").
Mr. Courtney will provide helpful background to the Mined Land Reclamation Board and other
parties related to matters included in his letter to the Division of Reclamation Mining and Safety
dated December 11, 2017, including the role of the State Land Board, the State's leasing of
minerals, and the potential royalties generated by the proposed Hitch Rack Ranch Quarry.
No parties will be prejudiced by the addition of Mr. Courtney to the Amended Witness List of
Transit Mix. This motion is timely filed and within the period during which parties may serve
initial lists of witnesses for the pending hearing. The parties will thus have ample time to
prepare for his testimony at the hearing on this matter.

Respectfully submitted,

/s/ Elizabeth H. Ti~ , Z
John W. Cook (#9670)
Scot W. Anderson (#17395)
Elizabeth H. Titus (#38070)

Attorneys for Applicant Transit Mix Concrete
Co.

\\OE· 0477751000001 • 3195633 v1

071

 TRANSIT MIX CONCRETE CO. AMENDED WITNESS LIST
PERMIT NUMBER: M-2017-049
CAPTION: Transit Mix Concrete Co. Hitch Rack Ranch Quarry Application, Received October 5, 2017
HEARING DATE: April 25-26, 2018
SUBMITTED BY: Transit Mix Concrete Co., 444 E. Costilla St., Colorado Springs, CO, 80903, (719) 475-0700
REPRESENTED BY: Hogan Lovells US LLP, 1601 Wewatta St. #900, Denver, CO, 80202, (303) 899-7300

TlTLE

WITNESS

COMPANY/FIRM

ADDRESS

PHONE

NATURE OF
EXPERTISE

SUBJECT AREA WITNESS WILL
ADDRESS

Jerald Schnabel

President

Transit Mix
Concrete Co.

444 E. Costilla St, Colorado (719) 475-0700
Springs, CO, 80903

Mining

Hitch Rack Ranch Quarry project and
company overview

Brandon Heser

Aggregates
Engineer/
Production
Manager

Transit Mix
Concrete Co.

444 E. Costilla St, Colorado (719) 475-0700
Springs. CO, 80903

Operations

Operations at the Hitch Rack Ranch

Senior
Geological
Engineer

Norwest
Corporation

(303) 782-0164

Mine design,
reclamation
development

Pennit application and any issues
arising out of permit application or
Norwest reports

Sean Ennis

Vice President,
Mining

Norwest
Corporation

950 South Cherry Street,
Suite 800, Denver, CO
80246
Suite 1830, 1066 W.
Hastiogs St
Vancouver, BC
Canada V6E 3X2

(604} 602-8992

Geotechnical
analysis

Stockpile and quarry wall stability
calculations, analysis, and results

Mike Day

Senior
Hydrogeologist

Hydro-Logic
Solutions, Inc.

6100 Montview Blvd.,
Denver, CO 80207

(303) 570-9527

Hydrology and
geology

Protection ofhydrologic balance and
groundwater and any issues arising out
ofreoorts provided bv Hvdro-Loj!jc

Buckley Powder
Co.

42 Inverness Drive East,
Englewood CO, 80112

{303) 790-7007

Explosives and
blasting

Blasting operations and any issues
arising out of the report provided by
Larry Mirabelli

3533 Sunflower Way
Fort Collins, CO 80521

(970) 631-6 792

Wildlife biology

Wildlife and habitat near the Hitch
Rack Ranch Quarry, including habitat
fragmentation and any issues atising
out of reports pTOvided by Charles
Johnson or Stantec

Paul Kos

Larry Mirabelli

Senior Manager
- Explosives and
Blasting
Technologies

Charles Johnson

Principal, Senior Ensight, LLC
Project Manager

Quarry

1
\\OE -047?75/000001 • 3195633v1

072

 Partner

Scot Anderson

Cindi Almendinger

Property Owner

Legal issues related
to mining
operations in
Colorado

Legal right to enter, mining operations
and redamation

2485 Hitch Rack Ranch Rd., (719) 576-3890
Colorado Springs, CO
80926

Understanding c,f
Hitch Rack Ranch
property

Development of the Hitch R.:ick Ranch
Quarry

Hogan Lovells

1601 Wewatta St. #900,
Denver, CO, &0202

NIA

(303) 899-7300

John Cook

Partner

Hogan Lovells

2 N Cascade Ave # 1300, (7l9) 448-5900
Colorado Springs, co
80903

Legal issues related
to mining
operations in
Colorado

Hitch R.:ick Ranch Quarry project and
regional impacts

Elizabeth Titus

Counsel

Hogan Lovells

1601 Wewatta St. #900, (303) 899-7300
Denver, CO, 80202

Legal issues related
to mining
operations in
Colorado

Legal standards related to pennitting of
Hitch R.:ick Ranch Quarry

Representative c,f Colorado State
Colorado State Land Board
Land Board

1127 Shennan St. Suite 300, (303) 866-3454
Denve.r, CO 80203

Development of
resources by State
Land Board

Land use and regional importance of
Hitch Rack Ranch Quarry

Phillip Courtney

2
IIDE-047775,/000Q01 • 3195633 v1

073

 State.co.us Executive Branch Mail - Re: FW: Hitch Rack Permit

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

Re: FW: Hitch Rack Permit

1 message

Randall - DNR, Robert <robert.randall@state.co.us>
To: Laura Chartrand <Laura.Chartrand@coag.gov>

Wed, Apr 18, 2018 at 9:20 AM

Thanks for this, Laura. Bill Ryan is very aware that Phil should keep his testimony tight as to the mission, process, and
role of the SLB here. I've got no concerns with him being called as a witness. FWIW, I don't think there will be any
inconsistency or conflict between Phil's testimony and the positions taken by DRMS staff.
Bob.
Robert W. Randall, Executive Director

ll..W lco LoR ADO

~'f;j'

Departn,~nt of Natural Re$0\ltCU

P 303.866.3311 x8668 I C 303.319.6832
1313 Sherman Street #718, Denver, CO 80203
robert.randall@state.co.us I www.colorado.gov/DNR
On Thu, Apr 12, 2018 at 1:47 PM, Laura Chartrand <Laura.Chartrand@coag.gov> wrote:

I wanted to make sure that you knew before the hearing that Phil Courtney from SLB will likely be a witness for the
Applicant. At the last hearing, Phil expressed interest and I advised him to not participate - as I didn't feel his
testimony was relevant on whether the Application met the permit requirements, which is at issue. I think you and
I had a brief discussion about this when this came up before. Let me know if you want to chat more- I haven't
mentioned anything to Phil or Bill Ryan. lt seems important to him to testify in support of this application, and so
likely there is more going on than I'm aware. I didn't want to create a scenario where one agency might take one
position than another agency.

Let me know if you want to chat.

Thanks.

Laura

Laura L. Chartrand
Deputy Attorney General
Natural Resources and Environment
Ralph C. Carr Colorado Judicial Center

1300 Broadway, ih Floor
Denver, CO 80203

htlps://mail.google.comlmall/u/O/?ui=2&ik=c58f7f7992&jsver-_J1 L9cKFJg4 .en .&cbl=gmall_fe_ 180710.15_p2&view=pt&cat=CORA&search=cat&th=16...

074

1/2

 7/16/2018

State.co.us Executive Branch Mail - Re: FW: Hitch Rack Permit

W: (720) 508-6295
C: (720) 838-1356

From: Jeff Fugate
Sent: Wednesday, April 11, 2018 2:15 PM
To: Lisa Reynolds <Lisa.Reynolds@coag.gov>; Ed Hamrick <Ed.Hamrick@coag.gov>
Cc: Scott Schultz <Scott.Schultz@coag.gov>; Laura Chartrand <Laura.Chartrand@coag.gov>
Subject: Hitch Rack Permit

Lisa and Ed,

You may already be aware, but Transit Mix has added Phil Courtney/SLB to its witness list. Hearing is set for April
25-26 in Colorado Springs. Let me or Scott know if you have any questions.

Jeff

https://mail.google.com/mail/ul0/?ul=2&1k=c58f7f7992&jsver-_J1 L9cKFJg4.en.&cbl=gmail_fa_ 18071 O.15_p2&view=pt&cat=CORA&search=cat&th=16...

075

212

 State.co.us Executive Branch Mail - Here you go Bon

7/16/2018

•

STATE OF
COLORADO

Randall - DNR, Robert <robert.randall@state.co.us>

Here you go Bon

1 message

Todd Hartman - DNR <todd.hartman@state.co.us>
To: Robert Randall <Robert.Randall@state.co.us>

Wed, Apr 25, 2018 at 1:32 PM

Whole story:

LITTLE TURKEY CREEK CANYON» Silence and fine mist engulf the place now
as bears stir, birds flit through piiion and juniper trees, and a
year-round creek trickles up through delicate cracks in granite.
But a battle over a proposed 239-acre gravel mine to rip out millions
of tons of that granite just south of Colorado Springs - here along
Colorado's already-scarred Front Range mountains - has blown up into a
high-decibel test case: How does a state increasingly oriented toward
natural beauty handle extractive projects that ravage the beauty?
Colorado Division of Reclamation, Mining and Safety officials this
week are recommending approval for the Chicago-based Transit Mix
Concrete company, which runs two existing gravel mines cut into Pikes
Peak foothills north of Colorado Springs, to carve out a new one here
- next to an emerging 1,600-acre wildlife preserve.
They have refused to discuss that recommendation .
Colorado Parks and Wildlife previously designated the area as a prime
surviving ecosystem along the booming Front Range. Federal officials
are studying a nearby area as potential wilderness. State mining
officials already have permitted 1,260 other gravel mines around the
state.
"Why would we trash this when there's a huge surplus of aggregate in
the area?" said Warren Dean, a commercial developer helping to lead
opposition. The Hitch Rack Ranch gravel mine would bring up to 400
trucks a day and daily explosive blasts to remove rock from under
today's wildlife habitat.
"The world has changed," Dean said near his home at the base of the
canyon, casting Colorado's future as "knowledge workers" who want to
reconnect with nature rather than destroy it.
"We've already got plenty of resources. Our society has placed a much
higher value on ecosystems, beauty and natural heritage. This is a
modern world. We compete in a modern economy. And scars are bad for
business," he said.
On the other side of the battle, industry officials contend more
gravel is needed to sustain Colorado's building boom that now includes
widening Interstate 25 north of Colorado Springs. They've offered a
"world-class mountain biking park" for Colorado Springs and promised
to fix the existing scars on the mountains. And they say royalties for
the owner of the 1,400-acre Hitch Rack Ranch where the mine would be
cut would prevent possible construction of houses or other development
next to the wildlife preserve.
"We want to close our two mines north of the city and move our
business south to this area that is more in line with the growth,"
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Transit Mix president Jerry Schnable said. "State schools also will
receive royalties from these minerals - that will be $750,000 a year.
And this project will allow the family to keep the ranch as it is.
"The ranch will stay as a large open space, a good conservation
measure (next to the wildlife preserve). Once somebody proposes a
mine, it tends to polarize people. But this state was built up as a
mining state. People have become somewhat detached from the fact they
drive on roads (made using gravel). The notion is that we will go mine
someplace else. Well, this is the best answer for conservation, versus
the preservation advocated by the opponents."
The existing gravel mines owned by Transit Mix have loomed over
Colorado Springs for decades as much-derided "scars on the mountain."
A state permit designates both as "active," allowing delay of work to
fully "reclaim" the land as legally required. A landslide swept down
one quarry in 2008, and state regulators had to step in, ordering
stabilization work.
Transit Mix officials emphasize they will accelerate reclamation if
state officials grant a permit to create the Hitch Rack Ranch mine,
nine miles south of Colorado Springs along Colorado 115 across from
the Fort Carson military base. Otherwise, they would keep mining
gravel at the existing sites and delay reclamation for another two
decades.
This gravel project has ignited a storm because the Nature
Conservancy, El Pomar Foundation and a local trust already have
invested millions here to establish the Aiken Canyon Natural Area and
Preserve, including a visitor center. Trout Unlimited supports saving
the wildlife habitat and protecting water flows. El Paso County and
Colorado State University's natural heritage program also have
earmarked the area for preservation. The land spans crags, canyons,
juniper and pinon forests. It is home to bears, migrating elk and
deer, and more than 100 species of birds, including nuthatches.
western bluebirds, wild turkeys and golden eagles. Federal authorities
have designated critical habitat here for saving the Mexican Spotted
Owl, a threatened species.
"Given that there is ample aggregate for our community, our future is
to protect and preserve our mountain backdrop and natural assets, not
continue to destroy them. We continue to apologize for those scars on
the mountain," said El Pomar vice president Thayer Tutt. "Why in the
world would we invite people to come here and then tell them we are
allowing a new scar? The last thing in the world we want to do is
something that would destroy our natural habitat. This is not a good
deal at all."
Transit Mix's proposal to extract gravel from a 500-foot-deep pit
requires approval by the Colorado Mined Lands Reclamation Board,
expected this week. Then, El Paso County authorities would issue a
special-use permit and work with state transportation officials to
develop road access from Colorado 115 for the trucks.
When the state ORMS officials recommended board approval of this
project, they overrode a near-record 568 formal objections from
residents. Colorado's 1976 law governing gravel extraction was amended
in the 1980s to require conservation of natural resources and
protection of wildlife and water. The ORMS officials tackled each
objection in a 75-page report based on Transit Mix promises to monitor
and minimize harm.
The State Land Board, which owned mineral rights to the gravel, signed
off on this project in 2016 because of a mission that prioritizes
generating revenues for schools.
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Opponents have been pressing mining board members to hold fast to a
previous decision not to allow the mine. Transit Mix filed a lawsuit
challenging that initial denial as "arbitrary and capricious."
Transit Mix submitted reclamation plans committing to restore its two
existing gravel mines - the Pikeview and Snyder mines - to a condition
suitable for wildlife habitat, state natural resources spokesman Todd
Hartman wrote in response to Post queries. A landslide in 2008
disrupted that work, he said, and Transit Mix shifted to a different
"lay back" approach involving grading to try to stabilize a
scraped-off slope in hopes of eventually revegetating the area.
Among those challenging state officials' recommended green light is
Harris Sherman, a former director of the Colorado Department of
Natural Resources and the Mined Land Reclamation Board who also served
as the U.S. Department of Agriculture undersecretary overseeing the
Forest Service.
"This state has a responsibility to prevent a massive, destructive
gravel quarry from being developed in a highly sensitive area,
particularly when important wildlife and water resources cannot be
protected," Sherman said, warning of "a terrible precedent" for
protection of natural areas statewide.
At the Hitch Rack, owner Cindi Allmendinger, a former schoolteacher,
said the ranch is historic, dating to when the Zebulon Pike expedition
stopped to draw water from a spring. The family believes strongly in
unencumbered private property rights and wants to keep the land
undeveloped if possible, she said.
"Yes, we really want to keep the ranch as a ranch, and we would be
excited to have the quarry on our land," she said." Once the mine is
done and the land is reclaimed, I will have a really great habitat for
pasture and wildlife. Housing developments are forever, but in terms
of the life cycle of a ranch, quarries are a short-term event.
"My kids and I want to keep this ranch going .... The plan is for us,
like all the owners before us, to keep taking care of the land. But I
can't predict the future, so I don't want to limit my grandchildren's
options."

Sent from my iPhone

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7/16/2018

•

STATE OF
COLORADO

Randall • DNR, Robert <robert.randall@state.co.us>

DNR CORA Contact

1 message

Robert Randall • DNR <robert.randall@state.co.us>
To: martina.hinojosa@state.co.us
Cc: Todd Hartman <todd.hartman@state.co.us>

Fri, Jun 15, 2018 at 9:35 AM

Martina,
Thanks for checking in about the Transit Mix CORA request. Todd Hartman is DNR's CORA person and he's engaged on
this as well. He's cc'ed here and his phone numbers are (303) 513-3639 and (303) 866-3311 ext 8665.
Thanks,

Bob.
Bob Randall. Executive Director
Colorado Dept. of Natural Resources
(w) 303-866-3311 I (c) 303-319-6832
robert.randall@state.co.us

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7/16/2018

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ST.A.TE OF
COLORADO

Randall - DNR, Robert <robert.randalt@state.co.us>

Scanned from a Xerox Multifunction Printer
1 message

Xerox@state.co.us <Xerox@state.co.us>
Reply-To: Xerox@state.co.us
To: "Randall, Robert" <Robert.Randall@state.co.us>

Wed, Jun 27, 2018 at 3:13 PM

Please open the attached document. It was scanned and sent to you using a Xerox Multifunction Printer.
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 robert.randall@state.co.us

Hybl/Randall on Hitch Rack Ranch
matter

Created by: robert.randall@state.co.us

 

Time 3 Guests
1:30pm - 2:30pm (Mountain Time) i 
i Kyle 
Johnie 
Date
Thu Jan 4, 2018
Where

303-866-3311 ext 7675

My Notes

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