Ditches Unlimited Inc

Let me begin by informing Mr*** that the slanderous tone of his most recent communication is not appreciated and will no longer be tolerated, I have forward a copy of his letter to my companies attorney
With regard to easements, my suggestion would be for Mr*** to check his title policy where the utility and any other easements will be declared. My original intent was not to state the entire path was within the right of way merely that there is a right of way which bisects the pathWhile not a surveyor I have no doubt Mr***’s statement with regard to the path being located on private property is accurate.
The footpath in question may have been developed by someone in the distant past but as you can see by the photos furnished by Mr*** it has the appearance of a pathway created by use and not intentionally placedWith regard to his statement concerning the functionality of the path for his grandparents, perhaps his are more physically fit than mine, in any case I would not expect any senior citizen to traverse a 45% slope even on a path two feet wide
There appears to be some confusion with regard to the water riserMr***s original complaint indicated it was nine inches above grade now it is only sixIn reality additional soil was placed around the sides to reduce the impact on landscape equipmentThe riser was never cut down or replaced
The sum and substance of Mr***’s complaint has no basis in fact
Arvistis M***

Complaint: [redacted]I am rejecting this response because:
Ditches unlimited entered upon private land and cut through a path, then did not replace it to the original state. Plain and simple I think. Fix what you did. Any person could come out and see that there still remains damage to the oruginal path's width and what was pushed down the hill is now obstructing the lower path. It is extremely evident when looking at it that someone disturbed the hillside and caused harm.This path zig zags down the hill so that good walking grade could be maintained. Also I can provide a written statement from the gentleman who built this path with a shovel that is claimed by Arvi to be made by foot traffic.
The first water riser was installed, only to have it dug up and and another put in so it would not protrude out of the ground. 6 or 9 inches, does it matter? A lawnmower cannot go over both. Fact check this with the Green Ferry Water Dist and you will find it true. Ask for Bob. I personally asked him to have Ditches unlimited correct the height and it was done. 
 
Arvi, just fix the path you or your employees harmed. I don't understand why you cannot see that the work you did is not finished. 
Anyone interested, fact check the riser claim and come see the path, I'll give a tour and you can decide. 
Sincerely,[redacted]

Thank you for the opportunity to respond to Mr. [redacted]'s complaint.  It is unfortunate that he is upset, however, in the grand scheme of things his anger is misplaced and I will do my best to clarify his misstatements.  This project was unprofessionally engineered and the path in question...

is today as it was at the start of the project.  Mr. [redacted] was not a principal in the project and my company has no responsibility to him personally.  It should also be noted that the path in question is on the left side of a 40 foot right of way and while used in common by residents in this development it is not his responsibility to maintain, and you should also be aware the path was not a developed walkway merely a footpath created by use, there was no cribbing nor retaining members in place such as the ones he suggests should now be placed.  With regard to the photos of the two sections of the path he has furnished you, they are current photos of two sections of the path and not an accurate before and after representation.  It would appear his complaint is an attempt to improve the path beyond its' original condition.
The comment regarding his dissatisfaction with the new water riser box (installed at the direction of the Greensferry Water District) is also a gross exaggeration of the facts.  The box was a standard size with its elevation dictated by the depth of the water line servicing the residence.  He stated it was nine inches above grade when in reality it was less than three, the basis for this complaint was his inability to roll his lawnmower over the box, in any case the elevation of the box could not be changed and it remains as it was installed.
In closing let me say I have gone out of my way to appease Mr. [redacted] and considering he was not a consumer of my services I feel his complaint is unjustified and mean spirited.
Sincerely,
[redacted]