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State of Colorado <br />Division of Reclamation, <br />Mining and Safety <br />Page 2 <br />February 26, 2013 <br />5. Issue One: The first issue is the location of the gate on the haul road. The haul <br />road is located on land purchased from the Trust's predecessor, and is burdened with an <br />easement for the benefit of the Trust. See attached Exhibit A, Deed from Nelsons to Terror <br />Creek Company. This easement was a condition of exemption from County subdivision <br />processes in creating the Loadout Facility. <br />The gate is presently located on or near the boundary line of the Applicant's <br />property and the south side of the Bowie Road right -of -way. The gate is maintained in a closed <br />and locked position, preventing the Requestor from its lawful access to the easement. <br />The gate was formerly located at the south end of this segment of the haul road, <br />where the road enters the main Loadout Facility property. In that location, the Trust had <br />unimpeded use of its access easement. <br />6. Issue Two: Whether or not the Applicant's lease of a shop building and parking <br />area to an (apparently) unrelated trucking company is a use within the terms of the Permit. <br />7. Issue Three: The lease of the shop facility raises the question of whether or not <br />the Loadout Facility is being operated in accordance with the License Agreement between the <br />United States of America and Terror Creek Company, for crossing the Fire Mountain Canal. <br />That License Agreement, paragraph 13, prohibits assignment or transfer of the License without <br />prior written consent of the United States and the managing entity. See Application, Exhibit 2, <br />Other Permits, p. 76/113, File No. PERMFILE116251. <br />8. Issue Four: Whether or not the Loadout Facility access is permitted for the <br />trucking company lessee of the shop facility. The highway access permit issued by the State of <br />Colorado was specifically for a "coal loading facility." See Application, Exhibit 2, Other <br />Permits, p. 90/113, File No. PERMFILE116251. It is not clear that the County is honoring this <br />permit, or if another permit needs to be or has been issued since the County apparently has <br />jurisdiction over this segment of road. <br />ANH:kkh <br />Attachments <br />cc: Client <br />2829 NORTH AVENUE. SUITE 205 (81501) <br />POST OFFICE Box 40386 <br />GRAND JUNCTION, COLORADO 81504 <br />Yours truly, <br />THE HASSLER LAW FIRM, P.C. <br />Alan N. Hassler <br />TELEPHONE (970) 243 -2952 <br />TELECOPIER (970) 243 -2990 <br />1SSLER <br />AW <br />IRM, PC <br />