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~~ <br />April 12, 1999 <br />Ron and Marie Tipping <br />1967 Broadway <br />Grand Junction, CO 81503 <br />Richard and Betsey Frazier <br />1959 Highway 92 <br />Delta, CO 81416 <br />Dear Ron and Marie and Richard and Betsey: <br /> <br />There are presently 13 residences in the new Grmnison River Homeowners Group. This is the <br />group of people that will be most impacted by your new Delta Paving Gravel Pit. Although these <br />13 homes are located on the edge of the north rim of the Gunnison River and peer directly down <br />into your smokestacks, it is believed the homeowners group may grow to include as many as 24 <br />households in the general vicinity of I-50 Road, the southern edge of Orchard City. <br />For the record, you are not introducing new residences into this existing agricultural residential <br />neighborhood. You are not introducing higher levels of agri-business. You are not even <br />introducing a simple commercial use. When the oil tankers arrive and black pungent asphalt oils <br />aze mixed with your sand & gravel and an inferno of heat is applied -when that happens you are <br />clearly introducing an industrial use to a residential neighborhood. <br />In maximizing your property rights you do not have permission to borrow our property rights, or <br />any portion thereof, not even for 10 to 15 years. Over the ensuing years, we will be monitoring the <br />noises and emissions you generate and the particulates you disseminate into the air. They will be <br />meticulously logged against baseline levels of sound and air quality taken prior to your arrival. <br />At pazagraph 3 on page 5 of your State of Colorado Reclamation Permit Application, you have <br />acknowledged by your initials your understanding of the warning: "Lf your mining and <br />reclamation operations affect areas beyond the boundaries of an approved permit boundary, <br />substantial civil penalties to you as permittee can result." It would be nice if another Olathe <br />Louisiana-Pacific situation could be avoided, where the company was found guilty of violating the <br />rights of the neighboring homeowners, resulting in multi-million dollar fines against the company. <br />We certainly would be happy to work with you if you care to mitigate this project. Obviously, the <br />ball is in your court in that regard. <br />I am enclosing ten 8x 12 photographs taken from our homes with a normal camera lens. As you <br />can see, your riverside ponds are unbelievably close --- as is the haulage road in front of the <br />Young residence. We anticipate that when you sink the excavator into the proposed river-side <br />ponds --- only 200 to 300 feet from some of our homes --- and crank up the front-end loaders and <br />the 800 gallon per minute dewatering pump, that it will sound as if you are literally working in our <br />living rooms. <br />