Dave's Excavating

Initial Business Response /* (1000, 10, 2015/11/24) */
This email is in response to the letter Dave's Excavating received dated November 13, 2015. Case ID# [redacted] It stated a complaint was issued to the Revdex.com regarding incursions into property not permitted by the owner. My reply is as stated...

below.

In an attempt to work out a solution with Mr. [redacted] regarding his issues, I was told by him that he could not talk to me. I am now and always have been willing to work out any issues with Mr. [redacted]. It can be seen, that on his property, I have already installed a driveway approach for Mr. [redacted] with his full approval and knowledge, at no cost to him, which has an estimated value of $1,200.00. I am willing to add topsoil to the rocky section of ditch at no cost to Mr. [redacted] if needed. I am also willing to reimburse Mr. [redacted] the loss of hay, he might have experienced due to excavation work completed near or on his property.

If you or Mr. [redacted] should have any further questions, please feel free to contact me either by email at [redacted]@jetup.net or by phone at[redacted].


Thank you for giving me the opportunity to reply to this issue,


Sincerely,

David E. [redacted]
Dave's Excavating

Initial Consumer Rebuttal /* (3000, 12, 2015/12/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I find the excavator's reply very interesting as he did not address the main reasons for the conflict.
1. No construction easement
2. The excavation of only 33 feet in easement
3. Excavation over the boundary line
It is not a good policy to hold a conversation with a person who may be involved in a law suit against you. I will talk with him and his employer only when there is a creditable witness.
The excavator did rework the approach because he created a berm that impeded my access to the county road. This access is used to haul bug round bales and it was steep enough for them to roll off the back of the trailer I asked his employer to rectify this situation. I did not bring this up to him, his employer did.
The issue of top soil was created by the excavator excavating 23 feet into my property for 600+ feet. Is he willing to replace the topsoil that he excavated from my property and reseed the strip? The width of the excavation of the 33 foot easement runs from 39 feet to 72 feet, for 281 feet, according to what I can determine. They didn't leave the survey markers. They could also remove the excavated rocks along the easement and fill in the erosion taking place. The current strips are not conducive to agriculture.
The fact that the excavator said he was willing to reimburse me for the hay implies that he knows that he was excavating on my property. ("on or near")
I am willing to meet when there is a creditable witness.
The issue of the hay is minor except for how it affects the ASCS office and the payments

Final Business Response /* (4000, 14, 2015/12/11) */
This email is in response to the letter Dave's Excavating received dated December 2, 2015. Case ID# XXXXXXXX regarding issues and disagreement of response to complaint. My reply is as stated below.

I am more than willing to place topsoil and seed where needed.

I am also willing to remove rocks and fill washouts with topsoil.

I would also like to meet with Mr. [redacted] to discuss which areas need atttention.

If you or Mr. [redacted] should have any further questions, please feel free to contact me either by email at [redacted]@jetup.net or by phone at XXX-XXX-XXXX.

Again, Thank you for giving me the opportunity to reply to this issue.

Sincerely,

David E. [redacted]
Dave's Excavating