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<br />Modified Colorado Central State Plane Coordinate System, and (iii) vertical <br />control referenced to NAVD 1988. <br />c. Thornton shall have the option, at its expense, of having additional surveys <br />of the Property conducted by its agents, representatives and contractors. <br />d. The parties shall provide each other with copies of whatever surveys are <br />obtained without charge. <br />e. Aggregate shall use the survey to have an elevation-capacity table and <br />curve of the Reservoir prepared by an engineer, licensed in the State of <br />Colorado. The table and curve shall start at the tap of the dead storage <br />pool, if any, and extend to the elevation of two (2) feet below the.lowest <br />point of the crest of the of the Reservoir. The capacity of the Reservoir <br />shall not include any Passive Storage. <br />f. Aggregate represents that it has graded the bottom of the Reservoir so that <br />water drains to the northeast corner of the Reservoir and that the lowest <br />point of the Reservoir is located in the northeast corner of the Reservoir <br />within two hundred (200) feet of the toe of the Reservoir side slopes. <br />Notwithstanding anything to the contrary contained herein, in no event will <br />the Normal Maximum Water Surface be at an elevation higher than the <br />lowest elevation approved by the SEO for water storage on the Property. <br />Aggregate shall, at its expense, request the assistance of the SEO in <br />determining whether the Property includes a jurisdictional dam. If the SEO <br />determines there is, or may be, a jurisdictional dam on the Property, <br />Aggregate will have the right for a period of two (2) years following the <br />execution of this Agreement to pursue either (i) obtaining from the SEO a <br />permit and final approval of the jurisdictional dam or (ii) a written <br />determination by the SEO that no jurisdictional dam exists and/or no permit <br />or approval is necessary. In the event Aggregate is taking action to obtaln <br />such permit and final approval of the jurisdictional dam and substantial <br />progress has and is being made in such process, such two (2) year period <br />shall be extended for a reasonable period of time to obtain such permit and <br />approval. <br />Should the SEO determine that a jurisdictional dam does exist and <br />Aggregate pursues obtaining a permit and approval of the <br />jurisdictional dam, and should such require any modifications or <br />alterations to the Property, or Permits existing as of the date of <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 6 of 22 <br />