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1111111111111111111111111111111111111111111111111111111 <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 15 of 75 R 381.00 D 0.00 ells or gathering facilities. <br /> k. Credits for Wetlands. Longmont shall be entitled to the wetland <br /> banking credits up to twenty (20) acres for any "net" new wetlands <br /> constructed by Aggregate on the Combined Properties in excess of <br /> the replacement and mitigation requirements needed by Aggregate <br /> for the mining of these properties. Longmont shall pay all costs <br /> associated with applying for such credits to the applicable federal <br /> agencies. Aggregate may propose to Longmont an amendment of <br /> the Integrated Plan to construct additional wetlands on the <br /> Combined Properties, over and above these foregoing requirements, <br /> for mitigation of mining impacts on other properties, provided it <br /> dedicates to Longmont additional water rights required therefor <br /> and pay all costs required for such additional wetlands, and <br /> provided such additional wetlands do not impair the Integrated <br /> Plan. <br /> 1. Overburden on 15-Acre Bigelow Trust Parcel. Aggregate, at its <br /> expense, shall (i) place sufficient material on the fifteen (15)-acre <br /> parcel of property described on Exhibit A-2 hereto so as to raise the <br /> elevation thereof two (2) feet above the elevation existing as of the <br /> date of this Second Amended Lease,and (ii) construct a berm along <br /> the eastern boundary of such parcel using no more than twenty-four <br /> thousand (24,000) cubic yards of overburden for purposes of <br /> screening such parcel from the Lessee's Site Plant. Such fifteen (15) <br /> acre parcel shall be included within the area to be permitted for <br /> reclamation operations under the Integrated Plan. <br /> In. Enhanced ReclamationISeparate Reclamation Bonding. Aggregate <br /> has obtained a bond in the amount required by the Colorado <br /> Division of Minerals and Geology for the Combined Properties and <br /> Distel Option Property, and Aggregate shall maintain such bond in <br /> compliance with its permit requirements. In addition, Aggregate <br /> has obtained a separate Twenty Thousand Dollar ($20,000.00) <br /> bond, for the benefit of Longmont, to secure its obligation to <br /> Longmont for enhanced vegetation costs on any portion of the <br /> Combined Properties. The reclamation bond names Longmont as <br /> an additional beneficiary thereunder. A true and correct copy <br /> thereof has been given by Aggregate to Longmont; the bond is by <br /> Hartford Fire Insurance Company and dated February 1, 1999, and <br /> it shall be maintained by Aggregate until Longmont consents to its <br /> release after Aggregate has complied with its obligations. Aggregate <br /> shall pay the City the Twenty Thousand Dollars ($20,000) for the <br /> enhanced reclamation no later than June 30, 2010, and in return, <br /> the City shall retire the bond. <br /> n. Trail Alignment. An acceptable trail alignment has been <br /> Page 15 of 32 <br /> Aggregate Industries <br /> Final <br />