2017-01-18_REVISION - M1980049 (3)

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RECEPTION#t: 692025, 12/19/2016 at 02:52:53 PM, 3 OF 7, R $0.00 TERI A. STEPHENSON, DELTA COUNTY, CO CLERK AND RECORDER This contract can be terminated without penalty if funds are not appropriated in a future year. All payments paid to The Harts' will be credited toward the actual tonnage of gravel mined at the time it is mined. Minimum royalty payment is non-refundable in the event of County termination of lease or non-renewal of lease. 2.5 Water: Without additional charge to the County, The Harts agrees to permit the county to utilize the water for dust suppression purposes; provided, however, that such water shall be available to county only if it is available to The Harts. Any water developed by the County from its excavation of the gravel deposit may be utilized by the County in its operations under this Agreement,but such water shall be and remain the property of the Harts. The County shall be responsible for any damage that it causes to the Cathedral Water line or the adjoining fences within the permitted area. 2.6 Access: The road/driveway to 3960 Clear Fork shall not be changed or impeded. The County shall not remove the current trees bordering said road/driveway. Drainage along the south side of the road and the setback for any snow removal shall be agreed upon by the parties. The County shall not use the road/driveway beyond the entrance to the mining pit area. There shall be a setback from the driveway of approximately 10 feet. Any stockpiles of gravel or gravel by-products shall be maintained at a slope of no greater than 3 to 1 from the driveway setback. The County shall crown and maintain the road/driveway from the Pit boundary to the County road. County personnel, its designees or assigns may access the pit area only for purposes of mining and excavation. 2.7 Topsoil: Topsoil removed by the county in its operation under this Agreement shall be preserved and stockpiled carefully in such amounts as may be required by the Colorado Mined Land Reclamation Board, and paragraph 2.9. Reclamation must be an ongoing activity and shall be accomplished on excavated lands as soon as practical, and will not be delayed until termination of the contract. Reclamation activities should include, but not be limited to, removing waste rock and material from the mined area, and maintaining a suitable grade to re- establish the mined area for use as a machinery staging area. It is understood and agreed that Delta County may leave a convenient work area unreclaimed and that such work area shall be large enough for crushing, stockpiling, and hauling operations, but no larger than needed for those activities. The Harts shall be allowed to extract pit run or overburden dirt for use on the ranch, provided the minimum top soil required for reclamation remains. Any rock that is too large to be crushed shall be stock piled for ranch use,the location of such stock pile to be determined by the County. The movement of such rock shall be done by The Harts. Any excess overburden that is not required for reclamation may be disposed of on areas of the ranch outside of the pit area,at certain times of the year,with the agreement of the parties. Page 3 of 7