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M R208954d ~~ ~/\ :003_;::9 :. _. 'r 0;.33 f,ft IiE(al_ f_STF~TE I•.~ DS ,= .4~7 C4',GF:L`J1 ~ t riDU.iTON BDUL]iEF; CNTY CO fiECDFi~ER AGREEMENT REGARDING SAND AND GRAYEL MINING AND AUGMENTATION AGREEMENT PERTAINING THERETO 1. PARTIES. The parties to this Agreement are HAROLD E. LAYERNA J. NELSON, owner, ("Nelsons"), and THE SAINT YRAIN b HATER CONSERYANCY DISTRICT, ("the Conservancy District"). 2. RECITALS. Nelsons own property in the Northeast Quarter, ' 31, Township 3 North, Range 67 Hest of the Sixth Principal Meridiai County, Colorado, described on Exhibit A and incorporated her reference. Nelsons have entered into a lease allowing the Companies, Inc. ("Yarra"), to mine sand and gravel from the p~ described in Exhibit A. Yarra has applied to and received from County a special use permit and has applied to and received fr Colorado Mined Land Reclamation Board a mining permit, to permit conduct sand and gravel mining activities on the property. Furth the parties acknowledge that the construction of lakes, which are Varra's reclamation plan, will result in additional evaporation fr water surfaces which will adversely affect the Conservancy D unless augmented. The Conservancy District has no objection to Yarra's mining open and reclamation of the property if the concerns expressed abo addressed and the interests of the Conservancy District are sati! rily protected. Nelsons have agreed to protect those interests z purpose of this Agreement is to set forth the specific agreements parties. !~~ I I IIII~~II~IIII III sss and HARD ect~on keld in by Yarra Held n the it to more , rt of i open trict Lions are the the 3. NELSONS' AGREEMENTS. Nelsons agree as follows: a, To augment St. Yrain Creek, in accordance with the augmentation policy for gravel pits of The St, Vrain b Left Hand Conservancy District, thereby preventing injury to other water use' conveying to The St. Yrain b Left Hand Water Conservancy Distr' amount equal to two acre feet of water for each new surface acre o constructed, Yar.ra's current plans call for the construction o ponds with a fatal of ,$® surface aCres.~ If, at the end of its operations on the property, Yarra has constructed lakes having m less than this number of surface acres, the Conservancy District convey to Nelsons all water which has been conveyed to the Conse District by Nelsons over and above an amount determined by multi the number of surface acres of lakes by two acre feet or, if nece Nelsons shall convey to the Conservancy District additional wa order to equal the amount of two acre feet for each surface acre of constructed. Nelsons shall be given credit for existing water st on the property. water NaLer ~s, by ct an ~f lake five fining re or shall vancy lying er in lakes Nelsons further agree that the water rights which shall be conveyed in Compliance with the foregoing provisions and in compliance wi the • gravel pit augmentation policy of The St. Yrain E left Hand dater b 1147 REC 02084548 02!24/87 16:36 518.00 1/306 g 1043 ."WRY ANN FEUERSTEIN CLERK G RECORDER WELD CO, CO Exhibit "D" i / . ;i6a.