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<br />Grand Junction Pipe & Supply Company -3- April 19, 1999 <br />6. With respect to the location of the access road, the first choice of this Board is on tl: <br />south boundary of Lot 2, with the second choice being the middle of Lot 2 of the <br />Volk Minor Subdivision. You have also agreed to contact the railroad to explore the <br />feasibility of using the existing road through the Frazier property to access State <br />Highway 92 ;end provide to this Boazd their written answer or documentation as to <br />the answer of the railroad. Such road will not be required unless it is approved by <br />the railroad and unless it can be installed as a reasonable cost. The preference of tlus <br />Boazd is that there be two accesses to the gravel mining operation, one from State <br />Highway 65 and one from State Highway 92. <br />You must consult with the Colorado Division of Wildlife on the size and offshore <br />location of atiy islands that will be used for goose nesting and wildlife. At the <br />conclusion of mining activities, there must be one island in the 16-acre pond and <br />two islands itt the 35-acre pond. <br />8. The actual crusiring operation may extend for no longer than three months during any <br />calendar year. <br />9. The placement and use of an asphalt plant shall never be allowed. <br />To reiterate, the consideration for this agreement is that the County will not seek relief from <br />the District Court to require compliance with the conditions set forth in the preliminary approval of <br />the Volk Minor Subdivision based upon your agreement to comply with the above conditions. If <br />you do not substantially comply with the above conditions, you will receive notice from the County. <br />You will have 20 days aRer receipt of such notice to correct the deficiencies. If the deficiencies aze <br />not corrected within this time period, you will at the expiration of this time period immediately <br />cease and desist operations of the portion of the Delta Paving Gravel Pit located on the Volk <br />Property. Any failure to substantially comply after notice and opportunity to cure as provided <br />above will give rise to the right of the County to require you to go through the planning process to <br />obtain approval for the change of use under the approved conditions of the Volk Minor Subdivisiun. <br />The provisions of this agreement apply to your operations on the Volk Property and that <br />property described in the Lease Agreement recorded in Book 817 at Page 544 of the records of <br />Delta County (the Frazier property}; provided however, that with respect to the Frazier property <br />compliance with this agreement is the responsibility of you and your assignees and shall not <br />constitute a covenant running with the land. <br />As used in this agreement, the term "you" or "your" means Grand Junction Concrete Pipe <br />Co., doing business as Grand Junction Pipe and Supply Company. <br />F:\COIINTY\VOIk•BOCC letter agent (BKJC) <br />