Laserfiche WebLink
WHEREAS,pursuant to CDRMS' letter dated October 13, 2021, CDRMS allowed a 30- <br /> day extension of time for the Parties to achieve resolution of the existing issues and determine a <br /> plan for their respective future actions with regard to the Burton Pit; <br /> WHEREAS,Burton wishes to pursue obtaining a 110(c)permit under its own name for <br /> the portion of the Burton Pit located on the Burton Property; <br /> WHEREAS, in the event that Burton obtains its own 110(c)permit for the portion of the <br /> Burton Pit located on the Burton Property, Southway and Burton intend to cooperate to reclaim <br /> the highwall located on the Burton Pit,and Southway will finish reclamation on the portion of <br /> the Burton Pit that is not located on the Burton Property; <br /> WHEREAS,the Parties wish to bring an amicable close to their business dealings; <br /> NOW,THEREFORE, in consideration of the above recitals and the agreements set forth <br /> below, and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged,the Parties enter into this Agreement and agree as follows: <br /> AGREEMENT <br /> 1. Specific Provisions <br /> 1.1. Southway will not remove the Stockpiles from the Burton Pit. Burton shall keep the <br /> Stockpiles and may dispose of them as they see fit. <br /> 1.2. As Burton will receive monetary value from the stockpiles, Southway will not pay the <br /> Burtons for any reclamation of any percentage of the disturbed, but not reclaimed,4 to 4 <br /> '/z acres of the Burton Pit located on the Burton Property. <br /> 1.3. Burton shall timely pursue their own 110(c)permit for the portion of the Burton Pit <br /> located on the Burton Property. Neither Southway nor its principals, affiliates, <br /> representatives or agents will oppose the Burton's permitting efforts at the county or <br /> state level. <br /> 1.4. Upon Burton's receipt of a 110(c)permit, Southway will timely release the portion of <br /> the Burton Pit located on the Burton Property from Permit No. M-1987-013 through a <br /> partial acreage release and surety reduction of Permit No. M-1987-013. <br /> 1.4.1. The portion of the Burton Pit located on the Burton Property will be removed <br /> from the related bond via a bond reduction. Southway will request from CDRMS a <br /> bond reduction that reduces Southway's bond to reflect that a) it shall have no <br /> reclamation responsibility with regard to the portion of the Burton Pit located on the <br /> Burton Property, and b) Southway's reclamation responsibility will be limited only <br /> to the adjacent land owned by the Rio Grande Canal Water Users Association. <br /> Settlement Agreement Page 2 of 5 <br /> Burton Farms,LLLP <br /> Southway Construction Company,Inc.of Alamosa <br /> Doc ID:66fadOc58627aec25d26f6a5d8ece84caOe7b8e1 <br />