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LAFARGE <br />NORTH AMERICA <br />Construction Materials <br />13. The typo regarding the projected rate of mining has been corrected to 0.5 million tons per <br />year. <br />14. Lafarge is working towards agreement with the Smith & Emmons ditch company <br />regazding the relocation of the ditch. Proof of the ageement will be provided to the <br />DMG once it has been finalized. Exhibit C and Exhibit F have been modified to show <br />the agreed upon offsets. <br />15. In response to the objection letter from Bernard Lyons Gaddis & Kahn, Lafarge will <br />commit to the following: <br />Lafarge will obtain a notarized agreement from the Smith & Emmons Ditch <br />Company regarding the relocation of the ditch. The new concrete-lined ditch will <br />be constructed according to the enclosed design. <br />Lafazge will not obstruct the access to the Ditch Company's proposed easement <br />and movement within the easement in any way, including stockpiling materials, <br />machinery, or other items. The new ditch road will be direct to WCR 20 'h and <br />will be constructed prior to the removal of the existing ditch. <br />Please see Exhibit D for detailed mine plan. The new ditch will be constructed <br />prior to mining, mining will commence in the eastern parcel after completion of <br />the ditch relocation . The concrete-lining of the ditch protects the current water <br />rights in the ditch. <br />Please find enclosed the detailed construction plans for the relocated ditch, <br />prepazed by a registered Professional Engineer. The maps show all locations, <br />elevations, grades, and cross-sections. A contractor approved by the Ditch <br />Company will construct the ditch. The fixtures currently used by the ditch; <br />structures, concrete boxes, utility crossings, etc., will be reconstructed as <br />necessary according to the enclosed construction plans. <br />Calculation documentation showing that the proposed relocated ditch has the <br />capacity as requested is attached and titled Inlet Control Nomograph. This <br />calculation sheet, in combination with the required grading shown on the <br />previously referenced plans prepared by Scott, Cox & Associates, Tnc. <br />demonstrates a rate of twenty (20) cfs will be maintained with a minimum of one <br />(1) foot of freeboard. Qn page 3 ofTetra Tech's letter, it is required that the ditch <br />provides a "capacity to convey 20 cfs of flow with one (1 } of residual freeboard". <br />LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials <br />1400 West fi4"' Avenue, Denver, Coloratlo 80221 <br />Telephone: (303) 657-4000 Facsimile: (303) 657-4037 <br />