2005-11-02_REVISION - M2000016 (3)

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Page 2 Mr. Gene Wagner October 26, 2005 monitoring devices to effectively assess and mitigate losses to the ditch due to seepage from dewatering activities, including measuring weirs and continuous recorders as approved by the Ditch Company's engineer. The monitoring devices will stay in place for a sufficient period after reclamation to effectively establish that there is no damage from seepage to the ditch. 3. Prior to the start of mining and during the mining operations, Lafarge agrees to allow access across the property for Lupton Bottom Ditch personnel or their representatives to perform ditch/headgate maintenance and operation activities. Lafarge understands these activities may include reinforcing, by placing concrete-rubble armoring, the south bank of the South Platte River on his property from time to time. Lafarge will use reasonable efforts to obtain any necessary cooperation of Donald L. Rittenhouse, the owner of the southernmost property, within the permit area. Lupton Bottom Ditch will be responsible for any fence repairs, other property damage, or personal injury related to or arising from their operations on the Riverbend property as amended. 4. During mining and reclamation activities, which are estimated to take approximately 30- 35 years to complete, roads will be available and access will be allowed for the maintenance and operation of the ditch. Lafarge further acknowledges the Ditch Company's historic non-exclusive easement and all existing rights associated with the ditch. The course of the South Platte within the permit boundary will not be changed due to mining or reclamation activities. The South Platte River bank adjacent to the mining operation north of Weld County Road 6 features significant existing concrete-rubble armoring to stabilize the main channel alignment. The effectiveness of the existing concrete rubble will be measured, monitored, and evaluated for channel stabilization. If necessary, Lafarge Corporation will provide additional stabilization within the permit boundary. However, outside the permit boundary, Lafarge Corporation cannot guarantee the stability of the riverbank or the main channel alignment and will not be responsible for its maintenance outside of the permit boundary. 6. Consistent with permitting requirements, Lafarge agrees to provide compensation for any unforeseen damage to the Lupton Bottom Ditch or associated structures, as well as secondary damages such as water replacement loss or crop damage related to water loss, caused by mining activities. However, prior to commencing mining, Lafarge will work with representatives ofthe Lupton Bottom Ditch Company to specifically address the details needed to insure that the ditch and appurtenant structures are protected. If however, a dispute arises over damages, then both parties agree to initially have an unbiased, third party arbitrator, attempt to negotiate the dispute. 7. Lafarge has the authority to represent the landowners within the Riverbend permit boundary per their respective Lease agreements for mining, permitting and reclamation of their property. See attachment for copies of lease agreements.