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LAFARGE .~y- <br />NORTH AMERICA <br />Construction Materials <br />October 26, 2005 <br />~L~, <br />` ;J <br />Mr. Bill Wright <br />President ~J <br />Brighton Ditch Company 0 " <br />2645 Weld County Road 23 <br />Ft. Lupton, CO 80621 ~ <br />RE: Letter Agreement -Lafarge West, Inc. (Lafarge) Riverbend Operation 112c <br />Permit Amendment 1, Permit No. M-2000-0~6; AMUSR -1259 <br />Dear Mr. Wright: <br />~~ <br />This letter Agreement pertains to the Lafarge Riverbend Operation, as amended, and its potential <br />effect on the Brighton Ditch Company Ditch and associated facilities. The proposed sand and <br />gravel mine site is located in Weld County, Colorado. A vicinity map and the legal description <br />of the amended site boundary are attached. The Brighton Ditch traverses the property along its <br />west edge. This Agreement describes commitments made to Brighton Ditch Company by <br />Lafarge, related to its operations on the entire Riverbend Project. <br />The ditch will not be disturbed by the proposed mining plan. Mining and reclamation of the pits <br />will remain at least 200 feet from the ditch and headgate structure unless approved by the Ditch <br />Company, subsequent to review of plans and specifications by the Ditch Company's engineer. <br />Lafarge makes the following additional commitments to ensure the reasonable operation of the <br />Brighton Ditch. <br />1. No dewatering flows will be added to the ditch during mining operations unless there is <br />an agreement in place with the Ditch Company. This will require that plans and <br />specifications be reviewed and approved by the Ditch Company's engineer prior to <br />completion of a subsequent agreement. <br />2. To control seepage into the pits located on the west side of the South Platte River, pit <br />areas adjacent to the Brighton Ditch will be backfilled to create 3H:1 V slopes as soon as <br />practicable after mining near the ditch is complete. The backfill adjacent to the ditch will <br />contain compacted material similar to pit liners constructed for water storage reservoirs <br />(as presented in the Riverbend Operation Regular i 12c Reclamation Permit). <br />Alternatively, a setback distance equal to twice the pit depth will be maintained from the <br />bank or edge of the ditch to the crest of the pit excavation. In addition, Lafarge will add <br />monitoring devices to effectively assess and mitigate losses to the ditch due to seepage <br />from dewatering activities, including measuring weirs and continuous recorders as <br />approved by the Ditch Company's engineer. The monitoring devices will stay in place <br />Western U.S. Region <br />1800 N. Taft Hill Rd., F.O. Box 2187, Ft. Collins, Co. 80522 <br />Office: 970-407-3600 Fax: 970-407-3900 <br />Web: www.lafargenorthamericacom <br />