1998-07-13_REVISION - M1981302

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Date: 7/13/1998
• Doc Name: AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO
• Type & Sequence: AM2
• Media Type: D
• Archive: No

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AGREEMENT REGARDING SA14D AND GRAVEL MINING 411 f ; `;
AND AUGMENTATION PLAN PERTAINING THERETO
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1. PARTIES. The parties to this Agreement are FLATIRON SAND E GRAVEL
COMPANY, a Colorado corporation ("Flatiron") , THE WATER USERS ASSOCIATION
OF DISTRICT NO. 6, a Colorado non-profit Corporation ("The Water Users") ,
OUIN M INVESTMENTS, LTD., a Colorado limited partnership, and FLATIRON
COMPANIES , a Colorado general partnership. The reference to "The water
Users" as used in this Agreement snall be interpreted to include member
ditches of The Water Users unless the context indicates otnerwise.
2. RECITALS. Flatiron leases and Quin 14 Investments, Ltd. , and Flat-
iron Companies own the property described on Exhibit A ( the "Deepe
Farm" ) , and Flatiron has applied to Boulder County for a special use
permit and tb the Colorado Mined Land Reclamation Board for a mining
permit, to permit it to conduct sand and gravel mining activities on the 1
property. The parties acknowledge that the construction of additional-
lakes, which is oart of Flatiron' s reclamation elan, will result in addi-
tional evaporation from open water surface whicn will adversely affect
The water Users , its members and the water users in general unless auc-
mented. The parties acknowledge that a lake consisting of 14. 2 surface
acres existed before commencement of Flatiron activities on Deepe Farm.
The Water Users has no objection to Flatiron ' s mining operations and
reclamation of the Deepe Farm property if the concerns expressed above
are addressed and the interests of The Water Users are satisfactorily
protected . Flatiron has agreed to protect those interests and the pur-
pose of this Agreement is to set forth the specific agreements of the
parties.
2. FLATIRON'S AGREEMENTS. Flatiron agrees as follows:
a. To conduct its mining operations on the Deepe Farm in accordance
with the Mining and Reclamation Plan as finally approved by Boulder
County and the Colorado Mined Land Reclamation board.
b . To construct lakes pursuant to the approved mining and reclama-
tion plan in a good and workmanlike manner and to equip the lakes
with such structures as are required by law.
c. To relocate Dry Creek. No. 2 Ditch in accordance with plans and
specifications approved by the ditch company in a manner that will
not injure other water users of adjacent lands.
d . To pay to The Water Users the sum of S 100.OD as reimburse-
ment for its necessary and reasonable expenses incurred in connec-
tion with its review of the mining and reclamation plan and the
preparation of this Agreement.
e . To augment South Boulder Creek , in accordance with the water
augmentztion policy for gravel pits of The Water Users, thereby
preventing injury to other water users, by conveyinc to The Hater