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~~ <br />~FARG E~ <br />NORTH AMERICA <br />Construction Materials <br />October 26, 2005 <br />~' I .. . <br />Mr. Gene Wagner <br />President <br />Lupton Bottom Ditch Company <br />P.O. Box 305 <br />Fort Lupton, CO 80621 / <br />RE: Letter Agreement -Lafarge West, Inc. (Lafarge) Riverbend Operation 112c Permit <br />Amendment 0 J Permit No. M-2000-0~ 6; AMUSR -1259 <br />Dear Mr. Wagner: <br />This letter Agreement pertains to the Lafarge Riverbend Operation, as amended, and its potential <br />effect on the Lupton Bottom Ditch and associated facilities. The proposed sand and gravel mine <br />site is located in Weld County, Colorado. A vicinity map and the legal description ofthe <br />amended site boundary are attached. The property includes a portion of the South Platte River <br />and a headgate for the Lupton Bottom Ditch. The headgate and the ditch are located within the <br />Riverbend Project boundary. This Agreement describes commitments made to Lupton Bottom <br />Ditch Company by Lafarge, related to its operations on the entire Riverbend Project. <br />The headgate structure and the ditch will not be disturbed by the proposed mining plan. Mining <br />and reclamation of the pits wilt remain at least 200 fee[ from the ditch and headgate structure, <br />unless approved by the Ditch Company, subsequent to review of the plans and specifications by <br />the Ditch Company's engineer. This is consistent with the currently permitted and approved <br />Colorado Division of Minerals & Geology (DMG) mining and reclamation plan and the Weld <br />County zoning resolutions for the Riverbend project. Lafarge makes the following additional <br />commitments to ensure the reasonable operation of the Lupton Bottom Ditch. <br />No dewatcring flows will be added to the ditch during mining operations unless there is a <br />written 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 Lupton Bottom Ditch will be backfilled to create 3H:1 V slopes as <br />soon as practicable afrer mining near the ditch is complete. The backfill adjacent to the <br />ditch will contain compacted material similar to pit liners constructed for water storage <br />reservoirs (as presented in the Riverbend Operation Regular 112c 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 />Western U.S. Region <br />1800 N. Taft Hill Rd., P.O. Box 2187, Ft. Collins, Co. 80522 <br />ONice: 970-407-3600 Fax: 970-407-3900 <br />Web: www.lafargenorthamerica.com <br />