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11111111111111111111111111111111111111111111111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 12 of 75 R 381.00 0 0.00 Steve Moreno Clerk& Recorder <br /> ii. Peschel: Sherwood and Western Slope of Bigelow Properties. <br /> Reclamation of the Peschel and Sherwood Properties, and <br /> the western slope of the Bigelow Property has been <br /> completed, except for diversion structures and the enhanced <br /> vegetation to be installed per Subsection m. <br /> iii. Bigelow and Distel Donation Properties. Mining has been <br /> completed on the Bigelow and Distel Donation Properties, <br /> and reclamation of slopes, except for slopes on the north <br /> boundary of the Distel Donation Property, shall be <br /> completed by December 31, 2013. <br /> iv. Irwin/Thomas and Tull Properties. Mining shall be <br /> completed on the Irwin/Thomas and Tull Properties by <br /> December 31, 2028, and reclamation completed by <br /> December 31, 2030, with options for one-year extensions for <br /> mining to December 31, 2031, and for reclamation to <br /> December 31, 2033. Extensions are subject to Subsection e. <br /> below. <br /> V. Distel Plant Site. Reclamation of the Distel Plant Site shall <br /> be complete by December 31, 2030, with options for one- <br /> year extensions for reclamation to December 31, 2033, <br /> subject to the provisions of Subsection e,below. <br /> e. Extension Criteria. Aggregate may exercise, and the City of <br /> Longmont shall automatically grant, each extension provision <br /> provided for in this section upon Aggregate's providing verification <br /> to Longmont that the following performance criteria for production <br /> from the Distel plant have been maintained, as detailed in the <br /> annual reports to Longmont: <br /> i. Aggregate Industries shall continuously mine the 'hill and <br /> Irwin/Thomas properties, except for any short-term, <br /> temporary shut-downs due to seasonal closures or plant <br /> repairs; <br /> ii. Aggregate shall mine a minimum of three hundred thousand <br /> (300,000)tons per year from such properties,which shall be <br /> supported by annual tonnage reports filed with Longmont; <br /> iii. Throughout the term of any extension provision exercised by <br /> Aggregate, the Distel plant shall be Aggregate Industries' <br /> principal site for sand and gravel processing within a ten (10) <br /> mile radius of the City of Longmont, as shown on Exhibit M; <br /> iv. Fifty percent or more of Aggregates' sand and gravel <br /> Page 12 of 32 <br /> Aggregate Industries <br /> Final <br />