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May 27, 2009 Mr. Bill Rodman AGGREGATE 3613 F Street Greeley, CO 80631 INDUSTRIES Re: Greeley West Operations (83'4 Joint Venture Property) — Gravel Mine Well Permit Dear Bill: Throughout its operation of the 83c4 Joint Venture sand and gravel mine west of and adjacent to your : property, Aggregate Industries (Al) has assumed commitments and responsibilities that were originally set forth in an agreement provided to you by 83r4 Joint Venture (Carl and Gary Hill) to assure that you would be supplied water to mitigate for any impacts to your well as a result of Aggregate Industries mining activities. In support of that commitment, Al provided you with a deeper well and pumped water to your property to provide for mitigation necessary as requested by you. On December 29, 2002, Al also provided you a letter setting forth its additional commitment to upgrade the pump at the replacement well we provided to you to achieve the pumping capacity of your original well when the water level rises in the mined ponds. Al ceased dewatcring the site in July, 2008, and at your request, plant manager Mike McAfee arranged to have your well tested for pumping capacity by Quality Well and Pump earlier this year. As we discussed at a meeting with Said from Quality on April 16, 2009, the pumping capacity was 32 gpm at the replacement well. I appreciate your time and the documentation you have provided in explaining the history of your well to help us assess the extent of Aggregate's responsibility in fulfilling its commitment to you. Based upon that information, you have established that your original well produced an adjudicated 50 gpm, that a pre - mining replacement well you had drilled in 1993 produced 35 gpm, and that the replacement well Aggregate provided produced 25 gpm. We understand that your goal is to achieve the original pumping capacity of the original well on the property, and that Quality leas indicated that, with a new pump and tying the two replacement wells together, you should be able to achieve that. The post-mining test on the well Al: provided indicates that the pumping rate at that well is now within 3 gpm of the 1993 well it replaced. While Al believes that the current pumping rate is sufficiently within range to indicate that a new pump is not required to meet its commitment, we would be willing to split Aggregate Industries West Contrel Region, Inc. Connie N. Davis, land Resources 1707 Cole Blvd.. Suite 100 P.O. Box 337231, Greeley, CO 80633 Golden, CO 80401 970 - 336 -6526 Fax: 970 - 3786856 M Equal Opportunity Employer