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/\ DELTA COUNTY,~OLORADU <br />BOARD OF COUNTY COMMISSIONERS <br />COUNTY COURTHOUSE-S0/PALMER STREET -SUITE 227 -DELTA-COLORADO-8111f <br />VHONE; (970j 874-2100 FAX: (970) 874-2174 <br />Dist. 1'. Jim D. Ventretto - Dist. 2: Donna R. Ferganchick - Dist. 3: Ted H. Hay J~~n <br />April 19, 1999 <br />Mr. Ron Tipping -Vice President <br />Grand Junction Pipe and Supply Company <br />P. O. Box 1849 <br />Grand Junction, CO 81502 <br />Re: Delta Paving Gravel Pit <br />Deaz Ron: p f <br />The purpose of this letter is to set forth the terms and conditions of our agreement with <br />respect to the gravel pit operation which you have submitted for approval to the Division of <br />Minerals and Geology. The gravel pit operation will occur in part, upon property that was the <br />subject of a subdivision approved by this Board. As you know, following preliminary approval, a <br />final plat was presented, which the Planning Office and this Boazd mistakenly approved, but the plat <br />had reduced the size of Lot 2 of the Volk Minor Subdivision by approximately 39.13 acres, Part of <br />your mining operations is located on that 39.13 acres. The problem is that Lot 2 of the Volk Minor <br />Subdivision was to include a restriction that the property was to be only used for agricultural <br />purposes unless the change of use was submitted to the Boazd of County Commissioners through <br />the subdivision process. The Boazd would then have had the right to review any change of use. Lot <br />2 of the Volk Minor Subdivision and the 39.13 acres of land immediately adjacent to Lot 2 which <br />the Boazd asserts was to be included in Lot 2 will be referred to collectively in this agreement as the <br />"ti/olk Property " <br />Although both this Board and your company could have elected to take strong, adversarial <br />positions in this matter and enter the judicial azena, we have both instead chosen to negotiate a <br />reasonable solution, which mitigates the possible negative impacts resulting from your operation. <br />Grand Junction Pipe will not be required to change the plat or seek approval for that change of use <br />for the Volk Property so long as the Delta Paving Gravel Pit complies with the conditions we have <br />agreed upon and which aze set Forth in this letter. If the conditions are not complied with in the <br />manner provided in this agreement, the Board would then have the right to seek injunctive relief <br />from the Delta County District Court for breach of this agreement and failure to comply with the <br />conditions of approval of the Volk Minor Subdivision. If such an action must be filed at some point <br />in the future, you agree to cease and desist further operations until such time as the matter is <br />resolved by agreement or by court order. <br />RECEIVED <br />APR 2 61999 <br />Received <br />APR 2 2 1998 <br />eo <br />PUBS ~~R~O~~netah aa~a„~ ~bs G e <br />C F SCE ., ~8pj09Y <br />F~~F- ~~E C <br />M-98_ ~pY <br />S'TE~ Qo( /p.S <br />try, t( <br />v ~ ~~ <br />~'~ ce ~~ ~t2 <br />F:I000NTY1Volk-8000 letter agml (BKK} <br />