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MAY-11-2009 13:54 3032988748 P.12i14 <br />JGY"? Ls, t. .alert 4? d?F- i = iiprM 30618026- 37035611114 61 8 <br />NOISIA14 N0111, - 41031:: <br />oNvi 4?NINJ AGREEMENT <br />1861 ?. u? t <br />THIS AVi t" 1TdInto this '27 day of y ? <br />19$7, by and CR AND RESERVOIR COMPANY, heroinafc?: relerrod <br />to as "McCanne," and READY pixel} CONCRETE COMPANY, hereinafter referred to as <br />"heady Mixed," <br />WITN€SS€TH: <br />WHEREAS, Ready Mixed wishes to Open and operate the Bromley Lake Sand and <br />gravel nine, hereinafter referred to as- the "mina""; and - <br />WHEREAS, said mine is, in the vicinity of the Mc[anne Ditch owned by McCanne' <br />and the Mining plan as proposed would require relocation of the rfcCanne Ditch; and <br />WHEREAS, the parties dosire to reach terms and condfrion5 which will allow <br />relocation of the McCanne bitch while protecting the ditch from damage or loss <br />of water and McCanne from additional expense, <br />NOW THEREFORE, in consideration of the promises and the mutual promises and <br />covenants of the partias hereto, IT IS AGREED AS FOLLOWS: <br />Ready Mixed will submit a mining plan to the Mined Land Reclamation <br />Board consistent with that mining plan shown on exhibit "Aa't a map attached to <br />this Agreeiant labeled "Mining Plan Bromley Lakes" dated January 12, 1987, and <br />.revised March 15, 1987. <br />2• Ready Mixed will relocate the McCanne Ditch in three locations as <br />depleted on Exhibit A maintaining the grade, slope and size of the ditch so <br />that it may Convcy hater at Its decreed capacity in a manner acceptable to <br />l4cGanne. 14CCanne will approve the completed construction, of the areas where <br />the ditch has been relocated. If the excavations for relocation of the ditch <br />expose gravel or porous material at the new locations, Ready Mixed shall line <br />the ditch with berntonite elay, or ether material acceptable to hcCanne, in a <br />sufficlen t thickness, width and length to prevent seepagc our of the ditch in <br />the relocated sections. Ready nixed will continue to maintain the lined portions, <br />of the ditch so as to prevent seepage. <br />?• During the life of the mining operation Ready Mixed will maintain and <br />clean the length of the ditch depicted on Exhibit A as needed to allow the flow <br />of water through me ditch. <br />4. Ready Mixed agrees ghat the dikes around the mina will hevr, a minimum <br />title hundred-foot set, back from the South Platte River to insure that the river <br />does net flow into the lakes or that the lakes do not flow into the river. <br />5• At any point Ready Mixed must cross the HcCanne Oltch Ready Mixed <br />agrees to Construct and maintain adegyate culverts and/or bridges Such that the <br />culverts acid/or bridges will nor Impede the flow of water in the ditch or the <br />ability of the ditch to collect or intercept water. <br />-I-