2014-07-28_GENERAL DOCUMENTS - M1997039

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A letter from the Wyatts dated September 24, 2009, Re: Grant of Right-of-Way and Permissive Use of Limited Alternate Access states that once the Wyatt's mining operations reach the current alternate access, the Howards and their lessees will no longer be allowed to use the alternate access. Copies of the letter and reply are enclosed as. Exhibit B. Access across the Wyatt's property is an economic and operational necessity for the Howard Ranch, which requires use of the original Granted Right-of-Way or an acceptable alternate access equal to the current alternate access be available at all times. The Howards realize that the location of the original Granted of Right-of-Way is a restriction to the operation of Wyatt's gravel mine. The Howards are willing to relocate the Granted Right-of-Way or allow the Granted Right-of-Way to be blocked as long as an acceptable alternate access from Colorado Highway 125 to the currently-used gate at the corner of the Howard Ranch property is provided by the Wyatts or their successors. The alternate access shall be useable for passenger cars, farm machinery, and trucks hauling hay and cattle. Access to the Howard Ranch on the Granted Right-of-Way or a Permissible Use of Alternate Access needs to be continuously available without interruption at all times. The Howards ask that an acceptable plan and agreement for continuous access to the Howard Ranch be made and mapped for all stages of the proposed mining operations. The Granted Right-of-Way and alternate access are restrictions of property use and development that must be included as a condition for approval of the Wyatt's application for a Construction Materials Operation Reclamation Permit and required to be monitored by Colorado Division of Reclamation, Mining and Safety. The Howards are willing to help develop a plan to relocate the Granted Right-of-Way or locate an alternate access that will provide an acceptable, continued, uninterrupted access to the Howard Ranch. Please notify me of your decisions, and if additional information is required to protect the ranch access. The Howard Ranch was homesteaded by my ancestors in 1892, and we want to maintain it as a productive historic ranch. Access to the west side of the ranch is restricted because of steep slopes and marshy ground along the river bottom, which includes Willow Creek and the Illinois River. See enclosed map Exhibit C. I will be at the ranch in August and available to provide additional information. I will be able to meet with you on site if required. My telephone there will be 970-723-4369. Sincerely, Edson Howard Enclosures: maps and documents