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Mr. Jim McArdl~ • <br />February 17, 1984 <br />Page 3 <br />If I am correct, the matters remaining to be addr~ssed are <br />as follows: <br />1. Zoning approval by the Board of County C issioners <br />of Mesa County--a hearing is scheduled on this for Tuesday, <br />February 21, 1984. <br />2. Approval by the Grand Valley Rural Power omnany of <br />an agreement wherein the Schmahls will pay them fo any <br />damages which may occur to the power line on Parce B--this <br />approval may not be quickly forthcoming. We have ad a <br />number of conversations with Grand Valley Rural Po er Company, <br />Inc. and have forwarded a proposed Agreement wherein the <br />Schmahls agreed to pay for any damage that they do I am <br />advised by counsel for the power company that they will not <br />sign that agreement. They are concerned that some of the <br />equipment, when fully extended, might reach the po er line <br />(it will) and the result of such an accident might result <br />in a suit against the power company for damages an personal <br />injury. They are also concerned that dust from th mining <br />operation may clog some of their equipment. They ave suggested <br />the possibility of moving the power line closer to the highway <br />to avoid these possible problems, and we are plann ng to sit <br />down with them and discuss this possibility. Mr. chmahl has <br />indicated he is willing to share in some of the co ts. I <br />have been advised that the power company moves ver slowly <br />and hope that this possible impediment would not p event the <br />board from at least considering the application wi h regard <br />to Parcel A, wherein no power line exists, and the deal <br />with Parcel B when we are able to reach some agree ent. The <br />Schmahls are agreeable to paying the power company for damage <br />done to the line or to the supporting structures, ut this, <br />as indicated above, is not satisfying the power co pany. <br />After you have had an opportunity to review this <br />would appreciate your comments and reply. I am 1 <br />vacation on Wednesday afternoon, the 22nd of Febr <br />l~tter, I <br />e vinq for <br />u ry, and <br />you <br />will not be back until March 2. I would hope that <br />