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~LAFARG E <br />NORTH AMERICA <br />Construction Materials <br />40. The Rural Ditch Company does not claim a prescriptive easement along the portion of <br />Idaho Creek bisecting the Duckworth property, as stated in letter dated January 19, 2004 <br />from Madoline Wallace. Although there are three downstream users of this lateral, <br />Lafarge will not impact Idaho Creek and is maintaining a 50-foot offset on both sides <br />from the centerline of the ditch as recommended in the stability analysis. <br />41. Lafarge is currently working with Weld County Public Works for permission to cross <br />WCR 20 % with the conveyor bridge. Lafarge has provided all necessary information to <br />Public Works and is waiting for written permission. Lafazge will forward documentation <br />of permission to the DMG as soon as possible. <br />42. There are no right of ways noted on the referenced ALTA survey for the said ditches. <br />The ditch on the west property line is a lateral located on the Aggregate Industries, WCR <br />property, as identified on Exhibit C. The ditch on the north property line is the Smith & <br />Emmons lateral, also identified on Exhibit C. The ditch on the east coincides with the <br />property line and is used for irrigation of the Duckworth property. Each owner was <br />properly notified, see Proof of Notification Exhibit. <br />43. As previously addressed, Lafazge will maintain an offset equal to 3 times the pit depth, or <br />60 feet, from all structures. This offset will include an additiona150-foot buffer for <br />waterways, including Idaho Creek and Smith & Emmons Ditch. The 60-foot offset can <br />be mined at a 3:1 slope, as is the case along waterways. <br />44. Lafazge has reviewed the objection letter from Bernazd Lyons Gaddis and Kahn <br />representing the Smith & Emmons Ditch Company. <br />a. The portion of Idaho Creek on the Duckworth Property is a lateral of the Rural Ditch <br />Company. The letter from Madoline Wallace dated January 19, 2004 stated the Ditch <br />Companies do not own prescriptive easements for the segment of Idaho Creek that <br />crosses the Duckworth property. <br />b. The mining offsets to be maintained do not interfere with the prescriptive easements <br />the Smith & Emmons Ditch Company requires. Lafarge will not obstruct access to the <br />Ditch Company's easement in any way, including stockpiling materials, machinery, or <br />other items. <br />LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials <br />1400 West 64"' Avenue, Denver, Colorado 80221 <br />Telephone: (303) 657-4000 Facsimile: (303) 657-4037 <br />