ENFORCE35499

• Permit No: M1987049
• IBM Index Class Name: Enforcement
• Doc Date: 4/8/2005
• Doc Name: Board Order
• From: MLRB
• To: Ready Mixed Concrete Company
• Media Type: D
• Archive: No

WHEREAS RMCC itas substanhatiy completed sand and gravel mining in Ce11 # 1 of the
3romley Lakes Property, and has substantially completed ±hose tasks contemplated in Sections 1 I.d and
I1.e of the 1999 MOU, and, except as provided herein regarding paying for and completing those tasks
,,:; emniated in Section ll.c of the ivIOU:
WHEREAS RMCC filed for a Technical Revision of the MLRB Permit with the Colorado
Division of Minerals and Geology ("DMG") on December 6, 2004, which revision requests that the
acreage subject to the MLRB Permit be reduced by approximately 220 acres, from a total of 392.5 acres
to approximately 172.5 acres (see Exhibit B);
WHEREAS the Technical Revision, if approved, will remove a portion of Cell #1 from MLRB
permit jurisdiction as depicted in Exhibit B hereto and, as such, is intended to facilitate the CITY's
installation of a sluny wall around Cell #1 and the CITY's creation of a lined water storage facility;
WHEREAS the DMG inspected Cell # 1 on December 7, 2004 and subsequently issued a letter
that denied the requested Technical Revision;
WHEREAS RMCC appealed the DMG's December 7, 2004 decision to the MLRB, which
matter was subsequently continued from the MLRB's December 2004, January 2005, and February 2005
meeting dates, and which now is to be heard by the MLRB at a public hearing on March 16, 2005;
WHEREAS, the CITY is willing to support the Technical Revision in the public hearing before
the MLRB and RMCC is willing to facilitate, through the requested MLRB Petmit acreage reduction and
the public hearing process, and this Agreement, the CITY's use of Cell # 1 of the CITY's Bromley Lakes
Property in the manner the CITY so desires;
WHEREAS the parties seek first and foremost to clarify their respective obligations to one
another with respect to the MLRB Permit (including the Reclamation Plan), and the Technical Revision
as it relates to the design and construction of certain flood control structures in Cell # 1, the
responsibilities for augmentation and reclamation, and secondarily, to all other related flood control
structures on the Bromley Lakes Property; and
WHEREAS except as may be specifically provided herein, the parties do not intend by this
Agreement to otherwise alter, affect or change vazious of the agreements they have previously reached
with respect to the Bromley Lakes Property, or to address, diminish or release any obligation of RMCC
under the MLRB Permit, including but not limited to, the construction of flood control structures the
MLRB Permit calls for in Cell #2 or Cell #3 on the Bromley Lakes Property.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged_ the parties hereto, intending to be legally bound, do hereby agree as follows:
1. Consistent with Section II.c of the 1999 MOU, RMCC has substantially completed
certain material aspects of the approved Reclamation Plan in Cell # 1 that will not otherwise be disturbed
appreciably by. the CITY. or parties contracted by the CITY, during the installation of the slurry wall the
CITY requires for the water storage facility in Cell T 1. These reclamation tasks set forth in Section 1 l.c
include but are not necessarily limited to completion of reclamation grading and sloping in Cel] #: and
the removal of overburden spoils piles above exisdn~ ground levels. except that the land 'nndee from
RMCC's processine area to its Erger's Pond Property located north of Cell ~-' 1 that presently divides the
eastern and western portions of Cell # 1 (see Exhibit B) shall remain in place and wifnin the boundary o: