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SENrgY:C1i&F : 4-14-97; 3:36 M : '3038613026-: 970a56I1I16/ 8 <br />NOI5IA10 NUII9 d?^13f <br />©Nt}l (}?mw AGREEMENT <br />L86t L0 <br />•i <br />THIS A In tWA.Aj <br />e <br />d into ehis day of /V(AV 1987, by an ITCH AND RESERVOIR COMPANY, hereinaftdr referred <br />to as "ficCanneand READY MIXED CONCRETE COMPANY, hereinafter referred to as <br />"steady Mixed," <br />W1 NESSETH: <br />WHE RZAS, Ready Mixed wishes to open and operate the Bromley Lake Sand and <br />Gravel Hine, hereinafter referred to as-the "mine"; and ' <br />WHEREAS, 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 McCanne Ditch;.and <br />WHEREAS- the parlie's desire to reach terms and conditions which will allow <br />relocation of the McCanne Ditch while protecting the ditch from damage or ios.s <br />of water and McCanne from additional expense. <br />NOW THEREFORE, in consideration of the premises and the mutual promises and <br />covenants of the parties hereto, IT IS AGREED AS FOLLOWS: <br />I_ Ready Mixed will submit a mining plan to the Mined Land Reclamation <br />Hoard 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 153 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 convcy water at its decread capacity in a manner acceptable to <br />McCanne. McCanne %4HI 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 }fixed shall tine <br />the ditch with bentonite 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 'ts <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 shat 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 McCanne Ditch Ready nixed <br />agrees to construct and maintain adequate culverts and/or bridges such that the <br />culverts and/or bridges will nor irpede the flow of water h) the ditch or the <br />ability of the ditch to collect or intercept water.' <br />/ _1_ EXHIBIT