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2016-06-10_PERMIT FILE - M2016009
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2016-06-10_PERMIT FILE - M2016009
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Last modified
8/24/2016 6:23:23 PM
Creation date
7/7/2016 2:00:56 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2016009
IBM Index Class Name
Permit File
Doc Date
6/10/2016
Doc Name
Amendment to Application Review
From
Environmental Alternatives, Inc.
To
DRMS
Email Name
TOD
Media Type
D
Archive
No
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6.4,14 Exhibit N <br />Source of Legal Right to Enter <br />Fremont Paving has entered into a lease with three property owners to <br />extract gravel. The agreements follow. <br />• State of Colorado <br />• Pritekel Brothers Farm LLC <br />• Danny and Cindy Henrichs <br />Fremont Paving has entered into crossing agreements with the following <br />property owners for the haul roads. The agreements follow. <br />State of Colorado <br />• Doug Thacker <br />• Martin Valadez <br />• Pikes Peak Home Center <br />• Tom Bregar <br />• Centa Land Co. LLC <br />• BL&1KH LLC <br />Fremont has been in communication with the Bessemer Irrigation Ditch <br />Company (Bessemer) for more than a year. In a meeting with Mr. Hill of Bessemer <br />on August 12, 2015, Fremont was presented a crossing application to be submitted <br />to Bessemer upon Pueblo County approval for a Special Review Use Permit to mine. <br />The proposed Bessemer Ditch crossing is west of 40Th Lane and will either cross or <br />circumvent the Bessemer structure. <br />Additionally, in order to present a complete application to the Division, the <br />Bessemer was contacted regarding a structure agreement for irrigation structures <br />within 200 feet of the north permit boundary. Recall affected area lies south of the <br />north boundary more than 200 feet. In a February 8, 2016 correspondence from <br />Bessemer's attorney, it states that the Board intends to "withhold its consent" to <br />mine within 200 feet of the irrigation structure until the ditch company's engineer <br />reviews (at the expense of the applicant) the mine plan and is satisfied that ditch <br />structures will not be injured by mining activities. Because the duration of this <br />review is unknown and Fremont continues to honor lease agreements with minimum <br />royalty payments, Fremont adjusted the north permit boundary southward in order <br />to be more than 200 feet from a Bessemer structure and to proceed with the <br />application process. To that end, the north permit boundary is more than 200 feet <br />from any Bessemer structures and mining will not occur within 200 feet of a <br />Bessemer structure. <br />The Bessemer correspondences and documents referenced above are <br />provided in this exhibit. Fremont will continue to make every effort to respond to <br />and comply with Bessemer's concerns and requirements for the crossing. <br />18 <br />Edited May 31, 2016 <br />
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