2016-10-21_PERMIT FILE - M2016009 (9)

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Structure Owner Structure Agreement Date Water utility distribution St. Charles Mesa Water October 10, 2016lineDistrict The structure will be improved by the applicant upon approval from Bessemer Irrigating Ditch Bessemer Irrigation Ditch Fremont Paving & Redi-Mix Company and the owner of crossing structure Inc. the property, Mr. and Mrs. Bregar, request the improved crossing structure remain after mining is completed. Utility line in public road Centuryl-ink October 18, 2016 Right of Way Irrigation lateral and Jesik Consulting fences Bryan Crites engineering report October 19, 2016 The applicant began reaching out to the Bessemer Irrigating Ditch Company Bessemer) regarding crossing the irrigation structure in 2015. In a meeting with Mr. Hill on August 12, 2015, Mr. Ary was presented a crossing application that was to be submitted to the ditch company upon Pueblo County approval for a Special Review Use Permit. The application was submitted July 12, 2016. Additionally, in order to submit a complete application to the Division, The Bessemer was presented a structure agreement on December 12, 2015. When Fremont did not receive a response to the structure agreement or to follow up emails and phone calls, a certified letter was sent requesting to be placed on the March 2016 Board of Director's meeting agenda. At that meeting, the applicant presented the mine plan and proposed a crossing structure. Again, the Board agreed to consider the crossing application. Fremont's legal representative presented to the Bessemer's legal representative yet another structure agreement on September 12, 2016. Bessemer legal counsel refused to sign the agreement via email. In lieu of the agreement, a third party engineer evaluated the structure with respect proposed mining activities. The engineering report from Andy Jesik of Jesik Consulting is provided. 24 Revised October 18, 2016