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<br />C~ <br />viii. If the SEO determines there is, or may be, a jurisdictional dam on <br />the Property, Aggregate will have the right prior to Closing to pursue <br />either i) obtaining from the SEO final approval of the jurisdictional <br />dam, indicating the construction is in accordance with the Rules and <br />Regulations for Dam Safety and Dam Construction, 2 CCR 402-1, as <br />amended, and that Aggregate has permission from the SEO to <br />store water or ii) a written determination by the SEO that no <br />jurisdictional dam exists and/or no permit or approval is necessary. <br />ix. Aggregate shall also notify any permitting authority or jurisdiction <br />and will seek amendments to the Permits if required or requested. <br />e. Exceptions. Notwithstanding anything to the contrary above, in the event <br />that design or installation activities have begun prior to the execution of this <br />agreement, any requirement for the notification of an event or planned <br />activity by Aggregate to Thornton or the delivery of any document or plans <br />by Aggregate to Thornton, shall be modified to require such notification or <br />delivery on or prior to the execution of this Agreement. <br />15. ~oroval of Reservoir. Aggregate covenants that the Property includes the <br />Reservoir and in connection therewith agrees to the following general provisions: <br />Not later than fourteen (14) days after completion of mining activities, <br />Aggregate shall, at its expense: <br />Request an inspection of the Property by the SEO; <br />ii. Diligently pursue obtaining a permit and/or approval letter indicating <br />that the Property meets all the requirements for design or <br />performance set forth in the SEO's Guidelines for Lining of Gravel <br />Pits (Aug 1999), or as amended; and <br />iii. If applicable, take those steps necessary to obtain SEO approval of <br />a jurisdictional dam. <br />b. Aggregate shall, at its expense, have the Reservoir surveyed by an <br />independent engineer or surveyor, licensed in the State of Colorado, with <br />such survey to include (i) a topographic survey mapping the Reservoir with <br />an accuracy equivalent to a scale of one (1) inch equals fifty (50) feet with <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 13 of 29 <br />