2012-04-27_REVISION - M1979140 - Laserfiche WebLink

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placement between Board of County Commissioners of Delta County and Kenneth and Danielle Gruber. 2011 the County does not interfere with Grubers' farm operation, for gravel washing purposes; provided, however, that such water shall be available to County only if it is available to Grubers. Any water developed by the County from its excavation of the gravel deposit may be utilized by the County in its operations under this Agreement, but such water shall be and remain the property of Grubers. 2.5 Ate: By separate agreement, William P. Lemoine, Jr., and Mary Lee Lemoine shall provide the County, without additional charge, access over the existing roadway between Colorado State Highway 133 and County Road L-25 Drive to the working face of the gravel deposit, and the parties understand that this access is necessary for this Agreement to be effective. The County, at its expense, shall improve and maintain this access roadway to its standards for a non-surfaced road, including adequate measures for dust control. At the expiration of this Agreement, the access roadway, as improved, will revert to Lemoines' sole and exclusive private use and ownership. 2.6 Topsoil: Topsoil removed by the County in its operation under this Agreement shall be preserved and stockpiled carefully in such amounts as may be required by the Colorado Mined Land Reclamation Board, and paragraph 2.11. Reclamation must be an ongoing activity and shall be accomplished on excavated lands as soon as practical, and will not be delayed until termination of the contract. Reclamation activities should include, but not be limited to, removing waste rock and material from the mined area, and maintaining a suitable grade to re- establish the mined area for use as an irrigated pasture. It is understood and agreed that Delta County may leave a convenient work area unreclaimed and that such work area shall be approximately five (5) acres. 2.7 Termination: This Agreement may be tenniriced by either party upon a breach by the other party which is not cured within 30 days after notice of the details of the breach given to the breaching party. Termination shall also occur if the lands described herein shall at any time fail to have gravel in economically mineable quantities. 2.8 County's Obligations Upon Termination: The County, upon termination of this Agreement, shall be obligated to do the following: "Within two years following the effective date of termination, or upon release by the Colorado Mined Land Reclamation Board, whichever is later, but in no event longer than five (5) years after termination, the County shall: 1. Remove all of its machinery and equipment from the lands: 2. Break -up all shale exposed by the County's operations by use of a Ripper or similar machinery to a depth of at least 18 inches, so as to allow water penetration; 3. Grade the slopes of the excavated area as they abut the non- excavated Lemoine Lands so that the side slope ratio is no steeper than 3;1; Page 2 of 4