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..ti _~ <br />p~~~~~~~~IIIIIIIII RECEIVED <br />AGREEMENT AUG 1 5 2001 <br />Division of Minerals and CeoIC$~ <br />This AGREEMENT is entered into this ~ day of tl~~ , 2001, <br />by and between ROARING FORK RESOURCES, INC., a Colorado Corporation, ("Operator") <br />and the CITY OF RIFLE, COLORADO, a Colorado Municipal Corporation ("City"). <br />WITNESSETH: <br />WHEREAS, Roaring Fork Resources proposes to operate a sand and gravel mining <br />operation called the Mamm Creek Sand and Gravel Mine ("Mining Operation") near the City <br />of Rifle, as more fully set forth in the Colorado Division of Minerals and Geology ("DMG") <br />Construction Materials Regular (112) Operation Reclamation Permit Application No. M-2000- <br />113, dated April 15, 2000 ("DMG Permit Application"); and <br />WHEREAS, the Mining Operation is located north of I-70 and east of the City of Rifle, <br />according to the a legal description for the Mining Operation property contained in Exhibit A, <br />attached hereto and incorporated herein by reference; and <br />WHEREAS, Operator is in the process of obtaining all federal, state and local agency <br />licenses andlor permits necessary for the Mining Operation; and <br />WHEREAS, the City of Rifle is currently reviewing Operator's Watershed District <br />Permit application for the Mining Operation; which permit, if granted, shall be subject to the <br />tetras and conditions contained therein, as well as the terms and conditions of this Agreement; <br />and <br />WHEREAS, by this Agreement, the Ciry approves Operator's Berming and Landscape <br />Plan for the Mining Operation, prepared by Knight Planning Services, Inc., Job No. <br />"Mammsite", consisting of three sheets, dated January 13, 1999 and revised June 28, 2001, July <br />11, 2001 and July 12, 2001, and including: (a) the "Berming and Landscaping Plan for the <br />Mamm Creek Sand and Gravel Mine", dated July 12, 2001; (b) the letter dated July 12, 2001 <br />from Stephen R. Wujek of Knight Planning Services, Inc. to John Taufer; (c) the letter dated <br />July 28, 2001 from John L. Taufer of John L. Taufer & Associates, Inc. to Selby Myers, City <br />Manager; and (d) the letter dated July 30, 2001 from Stephen R. Wujek to John Taufer <br />(collectively referred to as the "Berm and Landscape Plan"). The approved Berm and <br />Landscape Plan is incorporated herein by reference as Exhibit B, a copy of which is on file and <br />available for inspection from the Office of the Rifle Ciry Clerk and which Exhibit will not be <br />recorded with this Agreement; and <br />I: Va01\Clienu\RIFIE\R-33\Agnxmcnis\Mining Op-Agreemem.wpA <br />Augua 8. 7D01 -1- <br />