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(b) LGE may install one or more Non-Permanent and/or Permanent Crossings <br />in locations selected by LGE and reasonably acceptable to LBDC, utilizing plans and <br />specifications developed by LGE and reasonably acceptable to LBDC and subject to a <br />$1,500.00 set fee per Crossing (to cover LBDC's engineering, legal, and other review costs). <br />LGE agrees to pay LBDC one lump sum set fee of $1,500.00 to LBDC within 30 days of the <br />effective date of this Agreement for all past Crossings that aze now in place. Non-Permanent <br />Crossings used for the passage of trucks and other vehicles relating to LGE's Mining <br />Operations and Reclamation Activities will be removed upon the completion of LGE's <br />Reclamation Activities unless LBDC shall otherwise agree in writing, in which event such <br />Non-Permanent Crossings shall become Permanent Improvements. <br />(c) LGE shall have the right to install one or more Permanent or Non- <br />Permanent Penetrations under the Structure for the passage of water and/or mined materials <br />(for example -via conveyor belt), in locations selected by LGE and utilizing plans and <br />specifications developed by LGE and reasonably acceptable to LBDC. <br />(d) Prior to construction, LGE will prepare and submit plans and specifications <br />("Plans"} for the construction and installation of any Crossing of Penetration to LBDC for its <br />review. Such Plans shall be deemed approved by LBDC unless speck written objections are <br />received by LGE within thirty (30) days following submittal to LBDC. If written objections <br />are received, LGE and LBDC agree to work together in good faith to resolve such objections <br />to the reasonable satisfaction of each party. <br />(e) During the Post-Reclamation Period, it may become necessary or <br />desirable for the owner or operator of the water storage facilities to install one or more <br />Crossings or Penetrations. Such owner or operator of the water storage facility shall be <br />responsible for the continued maintenance of any Penetrations which Shall remain as part of [he <br />water storage facility after the Mining and Reclamation Periods. LBDC is not responsible or <br />liable for maintenance of said Penetrations. <br />g. Engineering Design and Construction Standazds. <br />(a) Exhibit B attached to this Agreement is the Slope Stability Analysis for <br />Fort Lupton Sand and Gravel Mine, dated August 31, 2(104, and prepared by TetraTech Rocky <br />Mountain Consultants ("Analysis"). The Analysis has been reviewed, approved and accepted <br />by both LGE and LBDC for future work within the Setback Area. LGE will reconstruct the <br />existing and preexisting excavated slopes lying within the Setback Area to meet the minimum <br />standards set forth in the Analysis before the end of the Reclamation Period. To the best of <br />their knowledge, both parties understand and agree that the existing and preexisting excavated <br />slopes lying within the Setback Area aze safe and meet all govertmental standards applicable <br />thereto, and that immediate reconstruction is not necessary. Until such time as the existing and <br />preexisting excavated slopes lying within the Setback Area have been reclaimed in accordance <br />with the governmental standards set forth in the Analysis, LGE assumes al] liability for any <br />damage to the Structure as provided in Paragraph 5 above. <br />9. Changes to Engineering Requirements; Notification. <br />FL-LBDCAgreement-Sep2D04.DOC 8 <br />