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Mr. Tyler O'Donnell <br />RE. Adequacy Review Response <br />April 9, 2015 <br />Page 2 of 2 <br />Exhibit N — Source of Legal Right to Enter <br />6) Brannan does not have the right to physically enter the property owned by Henderson <br />Aggregates, nor does Brannan need to for its mining operations. However, as stated in the <br />Diversion Structure Easement Agreement attached hereto, United Water & Sanitation District, <br />together with "its successors and permitted assigns" has the right to enter the Henderson <br />Aggregates property in order to "construct, reconstruct, operate, maintain, repair, replace and/or <br />remove" the Inlet/Outlet Facilities that have been constructed across the Henderson Aggregates <br />property. And, Brannan is a "permitted assign" by virtue of its License Agreement with United <br />Water & Sanitation District, a copy of which is attached. <br />7) Again, Brannan does not have the right to physically enter the property owned by Adams County <br />where the Inlet/Outlet Facilities cross underneath Brighton Road, nor does Brannan need to for its <br />mining operations. However, the contractor for the Inlet/Outlet Facilities — Scott Contracting — <br />obtained the right -of -way crossing permit for their initial construction as demonstrated by the <br />attached County crossing permit information. <br />Exhibit R —Proof of Filing with County Clerk and Recorder <br />8) See attached. <br />9) All changes have been provided to the Adams County /Clerk & Recorder. See <br />attached verification <br />General <br />10) Proof of Publication is attached. <br />11) Proof of Mailing is attached. <br />12) Signed maps are attached. <br />13) All maps are labelled with the pre -AM -02 and AM -03 permit boundary. <br />If you have any questions please call me at your convenience. <br />Cordially, <br />Applegate Group, Inc. <br />Tom Hatton <br />Senior Project Manager <br />TH/ta <br />Enclosures <br />cc: Eugene Riordan, Esq. <br />Fred Marvel, Brannan Sand and Gravel <br />AG File No. 10 -116 <br />NA10116 Brannan Pit 290isciplines (Technical)\WRPAWater Rights\Amendment 2\Adequacy response AM03 .docx <br />