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1 <br /> LAW OFFICES OF `�� C.H.Anderson(1911-1987) <br /> ANDERSON AND CHAPIN Robert B.Chapin <br /> A Professional Corporation 308 Clayton Street <br /> V� P.O.Box 7 <br /> Brush,CO 80723 <br /> \ MAR 1 <br /> March 13, 20017 6 2017 Tel: 970.842.5561 <br /> nu/oN Fax: 970.842.5563 <br /> Division of Reclamation, Mining, and Safety M�N�No&qF M'a77ov <br /> 1313 Sherman Street, Room 215 �Y <br /> Denver, CO 80203 <br /> Re: Dilley Sand and Gravel— 112 Application, Ayers Pit <br /> Ladies and Gentlemen: <br /> I represent the landowners Beverly J and Marvin D Kembel, owners of property <br /> situated due West of the Ayers Pit over which Dilley has access to Morgan County <br /> Road 23. This letter is in response to this application. <br /> On February 1, 2017, Kembels granted to Dilley written access across their land from <br /> Morgan County Road 23 on the existing access road to the pit. A copy of the written <br /> grant of right of entry is enclosed herewith. Also enclosed is the Assessor record for <br /> Kembels' property, showing the panhandle that extends to Road 23. <br /> This grant of right of entry is for a specific term expiring on December 31, 2017, or at <br /> such earlier time as the reclamation is completed. <br /> A review of Dilley's application indicates that there is an expected period of mining of 2 <br /> to 5 years (Table D-2), plus one year of final reclamation. <br /> This statement is in conflict with the information provided in the public notice mailed <br /> to Kembels and published in the Fort Morgan Times, showing the proposed date of <br /> completion as September, 2025. <br /> Kembels are willing to extend this grant of entry on an annual basis for the proposed <br /> period of time identified in Table D-2. However, they are not willing to grant such <br /> access until September, 2025. <br /> If you need additional information, please do not hesitate to contact me. <br /> Sincerely yours, <br /> Robert B Chapin <br /> Enclosures <br /> cc: Clients (w/o enc) <br /> Greg Lewicki and Associates, PLLC (w/o enc) <br /> Pe! <br />