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SFN' BY:CH&P 4-14-97 3=36PM 3038619026 97035611114 6/ 8 <br />3 <br />NOISf1110 N011b..19103s' <br />QNvi a2NIV4 .AGREEMENT <br />L86i LZ ?t?1 <br />TH15 AUG&W into this ?? 7? day of /Vl?tr <br />1987, by an , ITCH AND RESERVOIR COMPANY, hercinafter referred <br />to as "McCanne," and READY mIXED CONCRETE COMPANY, hereinafter referred to as <br />"Ready Mixed," <br />u17NESSETH: <br />WHEREAS, Ready Mixed wishes to open and operate the Bromley Lake Sand and <br />Gravel mine, hereinafter referred to as. the "mine"; and <br />WKREAS, said mine is in the vicinity of the McCanne Ditch owned by McCanne <br />and the mining plan as proposed would require relocation of the ricCanne Ditch; and <br />WHEREAS, the parties desire to reach terms and conditions which will allow <br />relocation of the McCanne Ditch while protecting the ditch from damage or loss <br />of water and McCanne from additional expense. <br />NOW THEREFORE, in consideration of the premises and the mutual promises and <br />li <br />covenants of the parties hereto, IT IS AGREED AS FOLLOWS: <br />1. Ready Mixed will submit a mining plan to the Mined Land Reclamation <br />Board consistent with that mining plan shown on Exhibit "A," a map attached to <br />this Agreement labeled "Mining Plan Bromley Lakes" dated January 12, 1987, and <br />revised March 15, 1957. <br />2. Ready Mixed will relocate the McCanne Ditch in three locations as <br />depicted on Exhibit A maintaining the grade, slope and size of the ditch so <br />that it may convey water at its decreed capacity in a manner acceptable to <br />McCanne. McCanne 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 tine <br />the ditch with bentontte clay, or other material acceptable to McCanne, in a <br />sufficient thickness, width and length to prevent seepage out of the ditch in <br />the relocated sections. Ready Mixed will continue to maintain. the lined portions <br />of the ditch so as to prevent seepage. <br />3. 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 the ditch. <br />4. Ready Mixed agrees that the dikes around the mine will have a minimum <br />one hundred-foot set hack; From the South Platte River to insure that the river <br />does not flow into the lakes or that the lakes do not flow into the river. <br />5. At any point Ready Mixed must cross the ricCanne Ditch Ready Mixed <br />agrees to construct and mai.ntain adequate culverts and/or bridges such that the <br />culverts and/or bridges will nor impede the flow of water in the ditch or the <br />ability of the ditch to collect or intercept water.