2008-05-23_PERMIT FILE - M2008022

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V11 Lc, 6Ul)0 14.U4 rAA kill) Ot4 IUUy MRA1 ADOUL You LL(; 10001 AGREEMENT This Agreement made this day 21 st of July, 2008. This Agreement is by and between Deep Cut Irrigating Ditch, Inc. (Ditchco) and 4B Land & Livestock, Ilc. This Agreement applies to a proposed sand and gravel mining pit named Breeze Basin Sand & Gravel (Pit). The Pit is located on approximately 62 acres in the NE1 /4 Section 3, T6N, R90W, and 6th P.M. Per discussion at the regular board meeting of the Deep Cut Irrigating Ditch, Inc. (Ditchco) shareholders held July 14, 2008 at City Hall, 300 E. 41" Street, Craig, CO, this Agreement has the following conditions that are in accordance with the maps that are a part of the permit application made to the Colorado Division of Reclamation, Mining and Safety. Upon acceptance and issuance of the aforementioned permit, it is mutually agreed; 1. Owners will cause a two (2) foot high berm to be built along the northern limits of the mining area. This berm to be above the existing ground level. 2. Owners will cause a rock outfall to be construed at the west terminus of the berm to channel the water back into the existing ditch off of the Yampa River. 3. Aforementioned improvements will remain post mining as permits allow. In Witness Whereof the parties have set their hands and seals. George En (V6, President Scott Brennise, Owner Deep Cut Irrigating Ditch, Inc. 48 Land & Livestock, Ilc -4Z22F Sheil rennise, Owner 4B Land & Livestock, Ilc The foregoing instrument was acknowledged before me this 2111 day of July, 2008 by Scott Brennise and Sheila Brennise as own and & Liv stock, Ilc. ,`GK? Wqa? USLI Witness my hand and official seal 11 NaTAaY -'?- Notary Public W Ca numn Ewn Dec 07 YOGA The foregoing instrument was acknowledged before me this day of July, 2008 by George Ence as President of Deep Cut Irrigating Ditch, Inc. Witness my hand and official seal Notary ublic