2014-07-28_GENERAL DOCUMENTS - M1997039

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Edson Howard Edson Howard P.O. Box 639 P.O. Box 1 Geyserville, CA 95441 Rand, CO 80473 Tel 707-473-9803 Tel 970-723-4369 (July 27—Sept 12, 2014) July 24, 2014 Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 1011 Denver, Colorado 80203 U� 2 8 ?014 D,V/siory Attn: Peter Hays �'��N'NGq� S��E,jr1ON Re: Construction Materials Regular Operation Reclamation Permit Application No. M1997039 Wyatt Redi-Mix Co., P.O. Box 1052, Walden, CO., 80480 Williams/Illinois Gravel Pit, in section 12 Township 6 North, Range 79 West 6th Principal Meridian Dear Sir, Edson and Ann Howard Living Trust and Kenneth Howard (owners of the Howard Ranch) are the current holders of a Grant of Right-of-Way for a 20-foot-wide access across land owned by Richard and Rodney Wyatt, owners of the Wyatt Redi-Mix Co., which has filed an application for a Construction Materials Regular Operation Reclamation Permit. The Howard's Grant of Right-of-Way is a perpetual, non-exclusive right-of-way for a 20- foot-wide right to ingress and egress over and through the lands now owned by Richard and Rodney Wyatt in the following described lands in Jackson County and shown on the enclosed map and description. See Exhibit A. Township 6 North, Range 79 West 6th Principal Meridian (SE `/4 NE '/4) of Section 11 and (W '/2 NW '/4 ) of Sectionl2 as recorded in Jackson County Bookl7l, Page 498. The Wyatts currently have a construction materials mining operation that interrupts and blocks the Howard's Granted Right-of-Way and makes it impassable and unusable. The Howards have given permission for the Wyatts to block their Right-of-Way as long as the Wyatts provide an alternate access that is acceptable to the Howards and their lessees. The Wyatts have given permission and allowed the Howards and their lessees to use an alternate access for several years, which has worked well for the Howards and their lessees and other assignees. The Howard's Granted Right-of-Way has been excavated and made impassable by the current construction material mining operation. The Right-of-Way access will need to be restored to its original useable condition when the current mining site is reclaimed in compliance with the requirements of the Colorado Division of Reclamation, Mining and Safety. The Howards request that restoration. or relocation of the Granted Right-of-Way be included as a requirement in the current mining and reclamation permit application.