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, '¢, ` ' ICED <br /> PATTERSON RUTLEDOE APR 0 2021 <br /> & ASSOCIATES LLC DIVISION OF RECLAMATION <br /> 315 E. 7"'Street• P.O. Box 7387 MININGANDSAFUY <br /> Loveland, Colorado 80537 <br /> Telephone: 970.612.1208 • Facsimile: 970.612.1235 <br /> Jon-Mark C- Patterson Sean D. Rutledge Linda Preslan Bower <br /> jonOpattersonrutledge.coni Rutledge(a)pattersonrutledge.com linda0pattersonrutledge.coin <br /> SENT VIA U.S. MAIL <br /> April 13, 2021 �E�Ejvz <br /> Peter hays <br /> 1313 Sherman St. Room 215 APR 2 0 2�21 <br /> Denver, CO 80203 DIVNS1CWOFRC-CLAV <br /> MNNNNGAND S,,, !A7 oN <br /> Dear Mr. Hayes: <br /> This letter is written to inform you that Loveland Ready-Mix Concrete, Inc. has retained the <br /> undersigned attorney with respect to the Division of Reclamation, Mining, and Safety Permit M- <br /> 2001-012 and the Division's recent request that my client procure an updated Access Agreement. <br /> Based on my review of the correspondence of record, I have concluded the following: <br /> • Loveland Ready-Mix entered into a valid Site Access Permit Agreement with Croissant <br /> Family Farm, LLC on January 26, 2016, for a period of ten years for purposes of <br /> reclaiming the permitted structures ("Agreement," attached). <br /> • The subject property was subsequently sold to the Christensens. Pursuant to a recent <br /> letter, the Christensens have requested your office to require Loveland Ready-Mix to <br /> finish reclamation in the manner set forth in their correspondence (attached). <br /> • Loveland Ready-Mix is actively completing reclamation in the manner required under the <br /> permit. They expressly deny any wrongdoing. Specifically,the grade of the slope is 3:1 <br /> as verified by their consulting engineers. My client intends to follow up with your office <br /> directly regarding this matter specifically and will provide any additional memorandum <br /> that may be useful. - - - - - - - - - - - - - <br /> • As set forth explicitly in paragraph 9, the Agreement is binding upon all assigns and <br /> successors in interest to Croissant Family Farm, LLC. Indeed, the Christensens have had <br /> both actual and constructive notice of the Agreement, as evidenced by their frequent <br /> reference to it. <br /> • Because the Agreement is binding on the successors in interest, negotiation of a <br /> subsequent lease is not necessary. Forcing such negotiation would be prejudicial to <br /> Loveland Ready-Mix as all consideration owing to the landowner has already been paid. <br />