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First let us direct your attention to the letter dated August 3, 2016, (Exhibit 1) from the <br />Law firm of Altman, Keilbach, Lytle, Parlapiano & Ware, P.C. This letter address the <br />DBMS, Pueblo County Planning and Development and Board of Pueblo County <br />Commissioners. It states in the third paragraph, "the Board respectfully requests that <br />each of you carefully evaluate the application and monitor and actual operation of the <br />gravel extraction and transportation with specific attention to the haul route in the <br />proximity of the Ditch" ( Please note the specific identification of the "haul route" to <br />the Ditch). <br />Then on Page 2 in the forth paragraph, it states "If you approve this gravel <br />mining project, we also urge you to include a condition that no mining activity or <br />material stockpiles are allowed within 1,000 feet of the center line of the Ditch. <br />This is now where we ask you to fully examine the photographs that are enclosed. <br />1. The first photo is marked (Exhibit 2) In this photo the ruler starts at zero at the <br />point of the proposed new bridge crossing the Bessemer Ditch, then it extends left to <br />the blue highlighted line which is the Bessemer Ditch, as it curves North West. <br />marked at the measurement #10. The scale of this map is I" = 500ft so the distance <br />here represents approximately 1,000ft. the dark line above the ruler represents the <br />"North Haul Route" proposed by Fremont Paving. This measurement represents that <br />the "North Haul Route" parallels the Bessemer Ditch approximately 1,000ft. <br />2. The Second photo is marked (Exhibit 3) - the scale of this measurement is 1 <br />500ft. At the zero mark moving right to the third mark on the ruler, this represents <br />approximately 166ft. from the "Ditch" to the "North Haul Route." <br />3. The Third photo is marked (Exhibit 4) - the scale of the measurement is V = 500ft. <br />At the zero mark moving right to the "North Haul Route" to the first mark on the ruler, <br />this represents somewhat less than 50ft. <br />All three of these photos were taken from, Fremonfs Paving Certified Architectural <br />Drawings, that were submitted to both the Colorado Division of Reclamation Mining <br />& Safety Permit #M2016-009 and the Pueblo County of Planning and Development <br />Permit SUP #2016-007. <br />As you can see the proposed "North Haul Route" parallel's the Bessemer Ditch <br />by approximately 1,000ft and comes as close as 50ft to the ditch. <br />Now refer to the last Letter Dated January 9, 2016, (Exhibit 5) <br />Titled - "Findings of Fact, Conclusions of Law, and Order. <br />On page 2, "Finding of Fact"# 6 - "The proposed mining area is more than one <br />thousand feet in distance from the Bessemer Ditch and at least fifty feet higher in <br />