PERMFILE126433

• Permit No: M1987049
• IBM Index Class Name: Permit File
• Doc Date: 5/27/1987
• Doc Name: AGREEMENT
• Media Type: D
• Archive: No

NO1SInIQ NQI1~~Q3~~ ass
,'' aNylO?NI~`d AGREEMENT
tes~ Lz ~,dw
THIS A~'a red into this ~`7f~ day of May ,
1987, by an ~ ITCH AND RESERVOIR COMPANY, he reinaft~r referred
to as "McCanne," and READY MIXED CONCRETE COMPANY, hereinafter referred to as
"Ready Mixed,"
WITNESSETH:
WHEREAS, Ready Mixed wishes to open and operate the Bromley Lake Sand and
Gravel Mine, hereinafter referred to as the "mine"; and
WHEREAS, said mine is in the vicinity of the McCanne Ditch owned by McCanne
and the mining plan as proposed would require relocation of the McCanne Ditch; and
WHEREAS, the parties desire to reach terms and conditions which will allow
relocation of the McCanne Ditch while protecting the ditch from damage or loss
of water and McCanne from additional expense.
NOW THEREFORE, in consideration of the premises and the mutual promises and
covenants o.f the parties hereto, IT IS AGREED AS FOLLOWS:
1. Ready Mixed will submit a mining plan to the Mined Land Reclamation
Board consistent with that mining plan shown on Exhibit "A," a map attached to
this Agreement labeled "Mining Plan Bromley Lakes" dated January 12, 1987, and
revised March 15, 1987•
2. Ready Mixed will relocate the McCanne Ditch in three locations as
depicted on Exhibit A maintaining the grade, slope and size of the ditch so
that it may convey water at its decreed capacity in a manner acceptable to
McCanne. McCanne will approve the completed construction of the areas where
the ditch has been relocated. If the excavations for relocation of the ditch
expose gravel or porous material at the new locations, Ready Mixed shall line
the ditch with bentonite clay, or other material acceptable to McCanne, in a
sufficient thickness, width and length to prevent seepage out of the ditch in
the relocated sections. Ready Mixed will continue to maintain the lined portions
of the ditch so as [o prevent seepage.
3. During the life of the mining operation Ready Mixed will maintain and
clean the length of the ditch depicted on Exhibit A as needed to allow the flow
of water through the ditch.
4. Ready Mixed agrees that [he dikes around the mine will have a minimum
one hundred foot set back from the South Platte River to insure that the river
does not flow into the lakes or that the lakes do not flow into the river.
5• At any point Ready Mixed must cross the McCanne Ditch Ready Mixed
agrees to construct and maintain adequate culverts and/or bridges such that the
culverts and/or bridges will not impede the flow of water in the ditch or the
ability of the ditch to collect or intercept water.

-1-