2012-05-23_PERMIT FILE - M2012013

• Permit No: M2012013
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/23/2012
• Doc Name: Responses to the Preliminary Adequacy Review
• From: Blattner Energy
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

quantity. This shall not obligate Blattner Energy to remove any material nor obligate Blattner Energy to pay Property Owner,
until Blattner Energy actually excavates and removes material. Further, Blattner Energy must first obtain any permit, if
required, before it can begin to excavate material.
MEASUREMENT:
The Payment Quantity shall be measured according to the (choose one or more):
Choose one or more.
X In -place bank cubic yards for: X gravel J rock _ borrow
Dry tons for: _gravel _rock _ borrow
Other: for: gravel _ rock borrow
as measured by the (choose one or more):
Choose one or more.
_ Project Owner's quantity determination for: gravel _ rock _ borrow
X Surveyed quantity for: X gravel _ rock _ borrow
Load count quantity for: _ gravel _ rock _ borrow
_ Belt scale weight for: _ gravel _ rock _ borrow
X Truck Toad weight for: X gravel rock borrow
with a deduction for any increase in the quantity/volume caused by augmentation of the material.
CONVERSION FACTOR (if necessary): The conversion factor(s) for quantity calculation shall be according to the following
percentage(s) for converting from the quantity measure used for measurement to the quantity measure used for payment
(common conversions are- loose cubic yards to bank cubic, compacted volume to bank cubic yards, wet tons to bank cubic
yards, dry tons to bank cubic yards, wet tons to dry tons, etc.):
al % to convert from
% to convert from
X Gravel: $
Rock: $
Borrow: $
Blattner Energy, Inc. — Confidential Document
Tons
PRICE: The Price for each unit of the material removed and utilized shall be as follows:
per Cubic Yard and /or
per and or
per
to Cubic Yards for payment, and /or
to for payment.
PAYMENT: Blattner Energy shall pay Property Owner within fifteen (15) days of receipt of payment by the Project Owner /end
user for material removed from the Property. Payment will be made once per month to the Property Owner based on
accumulated truck weight tickets for the month.
SITE ACCESS: Property Owner hereby grants to Blattner Energy, Inc. and any of its assigns the right to free ingress and egress
( "Ingress & Egress ") to and from said Property at the point(s) where such material is to be removed and transported to the
nearest available public roads, and shall also allow Blattner Energy to construct, operate and maintain access roads on said
Property, in a reasonable and workmanlike manner, as may be necessary to remove said material, the road location(s) shall
be determined by Blattner Energy, Inc.. The Property Owner hereby grants an easement to Blattner Energy and any of its
assigns and releases Blattner Energy and any of its assigns from any claims for damage by reason of the above - described use,
according to the terms hereunder, of the Property. Boundaries of the borrow pit shall be according to the Reclamation Plan,
if required, the attached drawing, or shall be laid out in writing and agreed to by Property Owner prior to commencement of
any work on the Property.
GENERAL TERMS: Property Owner hereby grants to Blattner Energy, Inc. the right to set up and operate such mining,
crushing, washing or ready -mix plant and equipment on the Property as is required to suitably mine, process and remove the
material, and to import any additional materials from other sources at no additional cost as may be necessary to augment or
blend with the material in order to create an acceptable finished product for Blattner Energy's objectives. Should it be
Borrow Agreement — Page 2 of 4
LE- 04 -CT- 0022 -R1