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Home My WebLink About20090736.tiffHART ENVIRONMENTAL PO. Box /303 Boulder, Colorado 50306 Phone: -303.111.o602 March 20, 2009 Office of Clerk to the Board Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Colorado Division of Reclamation Mining and Safety Regular 112c Reclamation Permit Application for Morton Lakes (Permit # 2008 -082 -Revisions) Clerk to the Board: Please place the enclosed Adequacy Review Response # 2 package with the Morton Lakes Reclamation Permit Application (Permit # 2008-082) currently on file with the Office of the Clerk to the Board. If you have any questions regarding this request please call me, Mike Hart at (303) 444-6602. Thank you, Michael J. (Mike) Hart End. Cc: Eric Scott, DRM&S Certified Mail # 7008 1140 0004 7991 8856 2009-0736 ool,PE, 1J HART ENVIRONMENTAL PO. Box 1303 Boulder, Colorado Rotor; Phone_ 103.414.6602 Morton Lakes (112) Reclamation Permit Application (Permit ft M 2008-082) Adequacy Response # 2 Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates Prepared by: Michael J. Hart Hart Environmental Boulder, Colorado March 2009 HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.441.6602 March 20, 2009 Mr. Eric Scott Division of Reclamation, Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Adequacy Review Response # 2 for Morton Lakes Regular 112 Application (Permit # M-2008-082) Dear Eric: The enclosed was prepared as a follow up to our March 5, 2009 meeting regarding your February 4, 2009 Adequacy Review letter for the Morton Lakes Regular 112 Permit Application (No.M-2008-082). Bill Timmons and I felt that our discussion with you and Tony Waldron regarding the Morton Lakes Application was very helpful. Based on that discussion I have prepared the enclosed adequacy review materials for your review including the following: 1. Revised Exhibit -D Mining Plan (Sheet 6 of 7) 2. Revised Exhibit -E Reclamation Plan including Topsoil Stockpile seeding schedule and seed mix. 3. Revised Exhibit -F Reclamation Plan Sheet 7 of 7) 4. Revised Exhibit -L Reclamation Costs and Financial Warranty Calculations 5. Revised Exhibit -S including a Geotechnical Slope Stability Analysis prepared by: Weiland, Inc. and proposed and/or executed Agreements with all owners of structures located within 200 feet of the proposed mining including: Stewart; Schroeder; Anadarko; Xcel Energy; United Power; Brighton Ditch Company and, Lupton Bottom Ditch Company. 6. Certified Mail Receipt to the Weld County Clerk to The Board of County Commissioners for the above revised permit application exhibits. If you have any questions regarding this letter and the enclosed please do not hesitate to call me at (303) 444-6602. Michael J. (Mike) Hart End. Electronic Copy to Bill Timmons, Ready Mixed Aggregates I LEGEND .,,,..emu., c T ^ _> —.© __ 0„„ a.e......010 9—.9 ...... t W W .— 0 I' Y Y E0 s{ Z Zh O6s'4_, 0.0 e3 N� T^ _ J C O 0 & MORTON Mining Table ua %STnui s� s,0 x — — s ssn..... u% sw __3690c% roof ue.K. . e% N U) 00 Y LL, E 0 O 00�� J 0cc 000 it ACT MORTON LAKES ORM&S PERMIT # M-2008-082 scn mLE MINE PLAN - EXHIBIT "D" READY NIXED CONCRETE CO. 14585 BRIGHTON ROAD gplPE m e0601 wac59063a hewed by p"" b�"" 50306 1303) 4.4-6603 TWInInewinorn ibrotstei Dream ewer., co amt„2-lei meruselefrem 4 WE nay inenn 6 7 REVISED EXHIBIT E — RECLAMATION PLAN 6.1 Post -Mining Land Use Approximately 1/3 of the Morton Lakes Sand and Gravel Pit is located in the 100 - year floodplain of the South Platte River. Weld County Department of Planning Services considers land located in the 100 -year floodplain to be suitable for agriculture, recreation, and wildlife uses. The post -mining land uses as proposed in this Reclamation Plan include developed water storage and wildlife habitat. These uses are compatible with the surrounding land uses and with the Weld County planning goals. In order to minimize surface disturbance at the Morton Lakes Pit, mining and reclamation will be conducted concurrently to the greatest extent practicable. The operator will concurrently reclaim pit wall areas in locations where mining has been completed. Reclamation, including re -grading and seeding will be completed in 2 to 3 years following the completion of mining operations in Stages 2, 3, 4 and 5. Stage 1 will be reclaimed over the life of the mine as wetland habitat. Stage 1 will be backfilled, over the life of the mine, with wash fines from the sand and gravel processing plant. Wash fines will be pumped from the processing plant to Stage 1 and used to backfill each of the three cells that comprise this stage. The goal of the reclamation plan for Stage 1 is to enhance the wildlife habitat diversity of the South Platte floodplain . Stages 2, 3, 4 and 5 will be reclaimed for developed water storage. Preliminary calculations indicate that approximately 3,800 acre-feet of water storage will be created with these four stages. 6.2 Reclamation Measures — Material Handling Site reclamation measures are illustrated on Exhibit F. Reclamation of the site will include creation of four slurry -sealed pits. All pit walls will be re -graded using stockpiled overburden. Pit perimeter slopes will be no steeper than 314: 1 V. Topsoil will be spread 1 over the surface of the re -graded slopes in all areas above the post reclamation water storage elevation, and the topsoil -covered surfaces will be re -vegetated. Disturbed areas associated with site access and the existing conveyor will be scarified, covered with topsoil, and re -vegetated. Site grading will be performed to create stable topography that will be consistent with post -reclamation land uses. Reclamation quantities and costs are summarized in Exhibit L of the DRM&S permit application. 6.3 Water Because overburden and mine materials are inert, adverse impacts to local surface water or groundwater quality are not anticipated. The Applicant will comply with all applicable State water quality laws and regulations. 6.4 Wildlife Presently, Stages 1-4 are used for livestock grazing. Stage 5 is used to grow vegetables. There some indigenous wildlife species that inhabits the Morton Lakes property that will likely be displaced by the proposed mining activities. See the Wildlife Resources Assessment prepared by ERO Resources found in the Appendices to the DRM&S permit application. 6.5 Topsoiling Soils on the Morton Lakes site consist of Dacono Clay Loam, Colombo Clay Loam, Vona Sandy Loam, Aquolls and Aquents. These soils are described in Soils Survey of Weld County, Southern Part [United States Department of Agriculture, Soil Conservation Service (SCS), 1980]. Pertinent excerpts from the soil survey are provided in this document. Topsoil stockpiles will be seeded by the end of the first growing season following stockpile construction. (See proposed seed mix below). Soil amendments are not 2 6.8 Proposed Seed Mixes Seed Mix for Upland Areas (Reseeding) Species Common Name — Variety GRASSES Agropyron dasystachyum Agropyron smithii Agropyron trachycaulum Andropogon gerardii Bouteloua curtipendula Bouteloua gracilis Buchloe dactyloides Panicum vrgatum Poa ampla Foci canbyi Schizachyrium scoparium Stipa viridula FORBS Achillea lanulosa Linum lewisii Rudbeckia hirta Rate* PLS lb/ac Thickspike Wheatgrass — Critana Western Wheatgrass — Ariba Slender Wheatgrass — San Luis Big Bluestem — Pawnee Sideoats Grama — Butte Blue Grama — Alma Buffalograss — Top Gun or Native Switchgrass — Nebraska 28 or Trailblazer Big Bluegrass — Sherman Canby Bluegrass — Canbar Little Bluestem — Blaze Green Needlegrass — Lodorm Western Yarrow — Native Perennial Blue Fax — Appar Black-eyed Susan — Native 1.7 2.4 0.05 0.5 0.8 0.2 2.9 0.4 0.2 0.1 0.6 0.6 0.02 0.1 0.03 10.60 *PLS = Pure Live Seed; Rates shown are for drill seeding; if broadcast seeded, rates should be doubled. 4 Seed Mix for Topsoil Stockpile Protection Scientific Name Common Name Variety' Seeding Rate (PLS lb/ac ) PERENNIAL GRASSES Agropyron dasystachyum Thickspike Wheatgrass Critana 4 Agropyron smithii Western Wheatgrass Arriba or Barton 5 Agropyron trachycaulum Slender Wheatgrass Pryor or Revenue 3 Bouteloua curtipendula Sideoats Grama Vaughn 3 Bouteloua gracilis Blue Grama 1-lachita or Lovington 2 Sporobolus airoides Alkali Sacaton 1 Schizachyrium scoparium Little Bluestem Blaze 1 Availability may dictate the need for variety substitution 2 Pure Live Seed/pounds per acre; rates shown are for drill seeding; double rates for broadcast 5 CROSS SECTION A -A _r r - :owing tii LEGEND Praw TO al wi Mk wwt om• JL&. .4.w...a wry 1/3 3 0 C O MORTON LAKES ORM&S PERMIT # M-2008-082 9thT l0lE. RECLAMATION PLAN - EXHIBIT "F" APPAn READY NCEO CONCRETE CO. 14585 &BGIRON ROAD MUM. CO.81601 303-6590630 ».pone '-5r.....�1A 8101154448601 Intort01.995•193•5 80 °"3016 Want., u" aorlara. Ca mart COT 1f VISIONS 7 7 REVISED EXHIBIT -L RECLAMATION COSTS Due to current economic conditions the Applicant requests a bond calculated on the basis of Rule 4.2.1 (4) which states in part that: "In any single year during the life of the permit, the amount of required Financial Warranties shall not exceed the estimated cost of fully reclaiming all lands affected in said year, plus all lands affected in previous permit years and not yet full reclaimed." In order to minimize reclamation costs and the related Financial Warranty for Morton Lakes the Applicant proposes the following limited impact development schedule. Slurry wall installation Prior to the start of mining in Stages 2 through 5 the Applicant will install a slurry wall around the perimeter of each mining stage (2-5). The four individual slurry walls will be installed concurrently. After all four slurry walls have been installed and prior to mining the Applicant will begin compliance monitoring in order to demonstrate to the State Engineers Office (SEO) that each stage has been lined to the SEO's standards. Mining in any of the four Stages will not begin until the Applicant has received written confirmation from the SEO that each stage meets the SEO's standards for lined pits. (See attached letter dated March 27, 2007 from the SEO) Limit Affected Areas Pre -mining site development will be limited to striping topsoil, excavation of overburden and mining Stage 1 and the development of the processing plant site (approximately 20acres) as shown on the Mine Plan (sheet 6 of 7) and slurry wall installation for stages 2-5. 1 Reclamation Cost Estimate As stated above, the reclamation cost estimate for Morton Lakes is based on limited (initial) pit development. 1. Estimated Direct Reclamation Cost: A. Backfill, Grading and Shaping Cost Estimate Mining Stage Slope Backfill Topsoil Unit Cost* Total Cost 1 57,500 yds 27,500 yds $ 0.75/LCY $63,750.00 2 3 32,300 yds $ 0.75/LCY $24,225.00 4 5 Slurry Wall Caps 5,700 yds $ 0.75/LCY $4,275.00 Total Cost $92,225.00 B. Revegetation Cost Estimate Revegetation Activity for 53 Acres Unit Cost* Total Cost Scarify Soil $30.00/Acre $1,590.00 Grass Seed Mix $40.00/Acre $2,120.00 Drill Grass Seed $18.00/Acre $954.00 Weed Control $15.00/Acre $795.00 Total Cost $5,459.00 C. Demo and Salvage Activity Unit Cost* Total Cost Seal 8 Monitoring Wells $294.00/Well $2,352.00 Demo and Salvage Estimate $25,000.00 Total Cost $27,352.00 Total Direct Reclamation Cost (A, B and C above) $125,036.00 *Note: All unit costs are based on the Divisions Holton Lakes (M-2007-008) reclamation cost work sheet. 2. Indirect Cost: Indirect Cost Item Cost Factor Total Cost Contractor Profit 10% of Direct Cost $12,500.00 DRM&S Admin. Expense 5% of Direct Cost $6,250.00 Liability Insurance 2% of Direct Cost $2,500.00 Performance Bond 1 % of Direct Cost $1,250.00 Total Indirect Cost $22,500.00 3. Total Reclamation Cost and Financial Warranty Estimate $147,536.00 3 Estimates of topsoil, overburden and sand and gravel reserves at Morton Lakes are as follows: Mining Stage Acres Topsoil in Cubic Yards Overburden in Cubic Yards Sand and Gravel in Tons Ave. Depth to Bedrock Stage 1 17 27,500 57,500 1,000,000 25 feet Stage 2 21.6 45,000 60,000 1,300,000 33 feet Stage 3 36.4 32,300 65,000 2,200,000 34 feet Stage 4 37.3 64,000 136,000 2,240,000 35 feet Stage 5 19.3 29,400 62,600 960,000 28 feet Totals 131.6 198,200 381,100 7,700,000 4 STA I'E OF COLORADO WATER DIVISION ONE OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 810 9m Sheet, Suite 200 Greeley, Colorado 80631 Phone (970) 352-8712 Fax (970) 392-1816 www.water.state.cc.us March 27, 2007 Mr. Chris Sanchez Bishop-Brogden Associates, Inc. 333 West Hampden Avenue, Suite 1050 Englewood, CO 80110 94q p8a rt Re: Lining of Ergers Pit, Section 12, T1S, R67W, Water Division 1, Water District 2 Dear Chris: Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Hal D. Simpson, P.E. State Engineer James R. Hall Division Engineer The purpose of this letter is to approve the lining of the above referenced un-mined gravel pit area enclosed by a soil-bentonite slurry wall. Hall -Irwin Construction completed installation of the slurry wall in mid -December 2000. The approval/testing process began on February 16, 2006 with a discussion involving you and Jeff Clark of Bishop-Brogden Associates with Dick Wolfe and I of Colorado Division of Water Resources as to the proper procedures to test an un-mined area enclosed by a soil-bentonite slurry wall. Based on that meeting, additional discussions, correspondence, and a DWR site inspection on March 14, 2006, an agreed upon testing procedure was developed. The test procedure was implemented beginning on November 6, 2006. You provided the results of the 90 day test under a cover letter dated February 22, 2007. The estimated slurry wall enclosed area inflows from precipitation and groundwater during the test indicate that this pit has been lined to the design standard referenced in the August 1999 State Engineer Guidelines for Lining Criteria for Gravel Pits. Meeting the design standard requires that all water inflows and outflows for this slurry wall enclosed area must be accounted for on a monthly basis. Please call me if you have any questions. Sincerely, ErgersPitLineOK.doc CC: Bob Stahl, Water Commissioner Suzanne Sellers, Denver SEO Dick Wolfe, Denver SEO David L. Nettles, P.E. Assistant Division Engineer REVISED EXHIBIT -S PERMANENT MAN-MADE STRUCTURES Minimum mining setbacks from all permanent or manmade structures will be based on the GEOTECHNICAL SLOPE STABILITY ANALYSIS -FORT LUPTON PIT (MORTON LAKES) prepared September, 2004 by: Weiland, Inc. Environmental Engineering (Weiland). (See Phase 10, Cells 1, 2, and 3 of the attached analysis) The applicant proposes to follow the Weiland setback recommendations described for Phase 10, Cells 1, 2 and 3. In addition to meeting the minimum setback distances recommended by Weiland, the Applicant has offered to execute agreements with the owners of each of the following structures located within 200 feet of the proposed mining: • The Stewart Residence is located southwest of mining Stage 3 and north of Stage 4. Attached is a copy of the Agreement executed by Carol Jo Stewart. • The Schroeder Property is located north of Stage 5 and west of Stage 4. Attached is a copy of the Applicants proposed Agreement under consideration by Brent and Mary Schroeder. • Kerr-McGee (Anadarko) has a gas well, associated tank batteries and gas lines located on the subject property. See Map Exhibit C-1. Attached is a copy of the Applicants proposed Agreement under consideration by Anadarko. • Xcel Energy owns a high voltage power line that crosses the property in an east -west direction. Attached is a copy of the Agreement the Applicant and Xcel have agreed to execute. • United Power owns a three-phase power line that is located along the east property line of Morton Lakes (east property line of Holton Lakes). Attached is a copy of the executed agreement between the Applicant and United Power. • The Brighton Ditch is located south of mining Stages 5 and 1. Attached is a copy of the Applicants proposed Agreement now under consideration by the Brighton Ditch Company. 1 • The Lupton Bottom Ditch is located between mining Stage 4. Attached is a copy of the Applicants proposed Agreement now under consideration by the Lupton Bottom Ditch Company. • Finally, there are various structures on the subject property that are owned by Morton Lakes, LLC such as irrigation wells, laterals, fences, corrals and the like, that will removed as part of the mining process. 3/18/2009 2 GEOTECHNICAL SLOPE STABILITY ANALYSIS FORT LIdPTON PIT (MORTON LAKES) Prepared For. LaFarge NA 1400 W. 64th Ave Denver, CO Prepared By Weiland, Inc. 10395 W. Colfax, Suite 350 Lakewood, CO 303-436-0951 September, 2004 d Weiland.. Inc._ Environmental & Engineering 1.0SLOPE STABILITY ANALYSIS A slope stability analysis was performed for 21 separate proposed gravel pits. The purpose of the analysis is to evaluate safe setback distances for pit excavations from permanent man-made structures and hydrologic features. 1.1. METHODOLOGY The digital model SB-Slope developed by Von Gunten Engineering Software, Inc. was used to predict a safety factor for a given pit wall configuration. Soils layers for a given pit cell were entered into Autodesk Land Desktop Development 3 and point files for line geometry were extracted to text files. Phreatic surfaces were predicted utilizing the Theis solution for 100 ft distance from the pit dewatering trench and the Dupuit-Forchheimer approximation was used to predict the drawdown curve closer than 100ft from the dewatering trench. Phreatic surfaces near streams were approximated based on a typical stream recharge cross section. 1.2. DATA INPUT Model input consisted of soil layer geometry described above and soil physical strength parameters. Soil strength parameters were taken from a memo from Alan Sorenson of the Division of Minerals and Geology and Design of Small Dams. The soils input data are summarized in table 1. Graphical and numeric input data is given in Appendix I for each mining Phase and Cell. Table 1 —SOILS DATA Stratigraphic Layer Density (pcf) Cohesion (psf) Phi (4) Silt and Clay —ML (moist) 90 4 34 Gravel (moist) GW- unsat. 130 0 35* Gravel (saturated). GW-sat. 137 0 35 Weathered Claystone (saturated) 142 0 14 Intact Claystone (dry) 150 500 25 1.3. MODEL OUTPUT The model output failures and safety factor are given in Appendix I for each mining phase and cell. Table 2 summarized the recommended setback for each mining phase and cell. Table 2- Recommended Setbacks PHASE CELL RECOMMENDED SETBACK FROM STRUCTURES RECOMMENDED SETBACK FROM STREAMS REFERENCE FIGURE(S) (FT) PHASE 1 CELL 1 57 75 1 CELL 2 57 75 2 PHASE 2 CELL 1 63 63 3,4 CELL 2 62 83 5,4 PHASE 3 CELL 1 36 75 6 6 PHASE 4 CELL 1 43 75 7,8 PHASE 5 CELL 1 31 38 9,10 CELL 2 31 38 9,10 CELL 3 65 80 11,27 CELL 4 60 81 12,13 CELL 5 56 NA - Constrained by Gas Line 14,15 16,17 PHASE 6 CELL 1 38 56 MORTON CELL 2 38 56 16,17 PHASE 7 CELL 1 38 50 16,19 CELL 2 51 NA 20 PHASE 8 CELL 1 51 NA 21 PHASE 9 CELL -1 50 NA 22 PHASE 10 CELL 1 44 75 23,24 CELL 2 52 71 25,26 CELL 3 52 71 25,26 PLANT AREA CELL 1 52 71 25,26 1.4. DISCUSSION In some cases cell depth and soil types were similar enough to allow setbacks to be determined from the determination of another cell. For example, the depth and soil types of cell 2 and cell 3 of phase 10 were similar and therefore setback recommendations for cell 2 are based on analysis for cell 3. Overall, recommended setbacks are consistent with values used for other pits previously analyzed by Weiland, Inc with similar soils and depth. Recommended setback distances from streams could be tightened with better phreatic surface data, however these analyses are based on conservative estimations and would therefore satisfy regulators IL- NUR i„ sn-w. . vcMar 1419°' 11000r .!1.•141 'wr 46901 NOM •0RI,M hies.*,' .fca 1( nv . .ems:... mr) cn � 4'eu as' itsixex:I J\c .. '91W API aria - Iii HAM, . sr .. 410' lA1T •0912 39 .M191 FirYAi.• a It Marreilimec 1 67.JilKiMrX MORTON LAKE NE1/4 S12, ,h V 4[YMr Mt]99pp 4669120:10041 H/.ruocn 1 i Jana aa • aaaa :la • — 41. Ms vs '-S ,R67W,6th PM .c'.+cI0N n.wocz.• STEWART AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and Carol Jo Stewart (Stewart) 11772 Colorado State Highway 52, Fort Lupton, Colorado 80621- 8362. Stewart owns a house, barn, out buildings and other structures in the Southwest one quarter (SW 'A ) of the Southeast one quarter (SE ''A ) of Section 1, Township 1 North, Range 67 West of the 6th Principal Meridian (PM) in Weld County, Colorado. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112c Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (Division File No. 2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant (RMCC) agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In witness whereof, the parties sign and accept this agreement on the day of March 2009. READY MIXED CONCRETE COMPANY. By: Title: State of Colorado County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by as of Ready Mixed Concrete Company. Notary Public My Commission expires: 1 Carol Jo Stewart By: 710.J State of Colorado County of Weld The foregoing instrument was acknowledged before me this • day of March 2009 by Carol Jo Stewart. My Commission expires: 2 HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone- 3031444.6602 March 4, 2009 Brent & Mary Schroeder 17485 Road 11 Fort Morgan, Colorado 80701 Re: Compensation Agreement Dear Brent and Mary: I trust all is well with you in your new home in Fort Morgan. I am writing to you this morning regarding our efforts to permit the Morton property for eventual sand and gravel mining. As you know, Ready Mixed is in the process of getting permit approvals for its "Morton Lakes" sand and gravel mine from Weld County and the Colorado Division of Reclamation, Mining and Safety (State). The State's permit process encourages applicants to seek, were possible, agreements from owners of "structures" within 200 feet of land affected by the proposed mining. In your case, your house and shop are within 200 feet of land to be affected by the proposed Morton Lakes mining. Therefore, pursuant to the State's regulations, I have prepared an Agreement (see attached) for your consideration, whereby Ready Mixed Concrete Company (RMCC) agrees to repair or replace any damage to your house or other structures caused by the Morton Lakes sand and gravel mining operation. Please take a look at the attached Agreement and let me know if it meets with your approval. If so, rd like to have the Agreement signed, notarized and returned to me. I will then have the Agreement executed by RMCC and return a fully executed copy to you. Give me a call at (303) 444 6602 if you have any questions or want to discuss the Agreement. Sincerely, Michael J. (Mike) Hart End. Cc by e-mail: Bill Timmons 4Ycllandc 13anki,ul _rmironn¢rrlai ,\ larm4eni, Laud List' Plamriup Raid:Hatton U[eign PLrnuirrq & Zonrno SCHROEDER AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and Brent and Mary Schroeder (Schroeder) 17485 Road 11 Fort Morgan, Colorado 80701. Schroeder owns a house and several out buildings (structures) located on a portion of the Northwest one quarter (NW '/4 ) of the Northeast (NE `/4 ) of Section 12, Township 1 North, Range 67 West of the 6m Principal Meridian (PM) in Weld County, Colorado. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112c Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (Division File No. 2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant (RMCC) agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In witness whereof, the parties sign and accept this agreement on the day of March 2009. READY MIXED CONCRETE COMPANY. By: Title: State of Colorado County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by as of Ready Mixed Concrete Company. Notary Public My Commission expires: 1 Brent & Mary Schroeder By: By: State of Colorado County of Weld The foregoing instrument was acknowledged before me this day of March 2009 by: Brent & Mary Schroeder Notary Public My Commission expires: 2 HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.444.6602 March 6, 2009 John Butera Anadarko 1099 18th Street Denver, Colorado 80202 Re: Morton Lakes Sand and Gravel Mining Permit Dear John: As you know, Ready Mixed Concrete Company is in the process of seeking permit approval for its Morton Lakes sand and gravel mine from the Colorado Division of Reclamation, Mining and Safety. The State's permit process encourages applicants to seek, were possible, agreements from owners of "structures" within 200 feet of land affected by the proposed mining. Pursuant to the State's regulations I have prepared an Agreement (see attached) for your consideration, whereby Ready Mixed Concrete Company (RMCC) agrees to repair or replace any damage to Kerr-McGee's structures, caused by the Morton Lakes sand and gravel mining operation. Please take a look at the attached Agreement and let me know if it meets with your approval. If so, I'd like to have the Agreement signed and notarized by the appropriate representative of your Company and returned to me. I will then have the Agreement executed by RMCC and return a fully executed copy to you. Give me a call if you have any questions or want to discuss the Agreement. Sincerely, End. Cc by e-mail to: Bill Timmons, RMCC Eric Scott, DRM&S Certified Mail # 70081140000479918849 4NeIlmid< Bunking Emwonmotlol ;A4moaemeul Land 11a Plomnn Peclmuelimi Dena,• ANADARKO AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and Kerr- McGee Oil & Gas Onshore LP ("KMG"), a wholly owned subsidiary of Anadarko Petroleum Corporation, 1099 18th Street, Suite 1200, Denver, Colorado 80202. KMG owns (structures) located on portions of the Southeast one quarter (SE ''A ) of Section 1 and the Northeast one quarter (NE 'A ) of Section 12 all located in Township 1 North, Range 67 West of the 6th Principal Meridian (PM) in Weld County, Colorado. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112c Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (Division File No. 2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant (RMCC) agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In witness whereof, the parties sign and accept this agreement on the day of March 2009. READY MIXED CONCRETE COMPANY. By: Name: (print) Title: State of Colorado City & County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by as of Ready Mixed Concrete Company. Notary Public My Commission expires: 3/18/2009 1 KERR-McGEE OIL & GAS ONSHORE LP By: Name: (print) Title: State of Colorado City & County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by: as of Kerr-McGee Oil & Gas Onshore LP, a Delaware limited partnership. Witness my hand and official seal. Notary Public My Commission expires: 2 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired._ • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: John Butera Anadarko 1099 18th Street Denver, Colorado 80202 COMPLETE THIS SECTION ON DELIVERY O Agent O Addressee e ofry ry 3140 D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No Service Type Certified Mail O Registered Cl Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7008 1140 0004 7991 8849 ciD C C P -- Street, M(. No.: Sr PO Box Na 1thePOP( 14 O it, /, ; D ^z s Gay. Slate, ZIPr4 Domestic Return Receipt U.S. Postal Service:., CERTIFIED MAIL.,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) .00 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0134 a AMR _ .l Postmark" (�� Here 03/06/2009 Sent To A.' Raisr'a � :1r . /e C CO $iZOZ 102595-02-M-1540 GmbH .(.00d, BETA Michael Hart <mjhart01@gmail.com> DRM&S Ageement 2 messages Michael Hart <mjhart01@gmail.com> To: John Butera <john.butera@anadarko.com> Cc: Bill Timmons <bill.timmons@boral.com>, Eric Scott <eric.scott@state.co.us> John: Fri, Mar 6, 2009 at 3:52 PM As you know, Ready Mixed Concrete Company is in the process of seeking permit approval for its Morton Lakes sand and gravel mine from the Colorado Division of Reclamation, Mining and Safety. The State's permit process encourages applicants to seek, were possible, agreements from owners of "structures" within 200 feet of land affected by the proposed mining. Pursuant to the State's regulations I have prepared an Agreement (see attached) for your consideration, whereby Ready Mixed Concrete Company (RMCC) agrees to repair or replace any damage to Kerr-McGee's structures, caused by the Morton Lakes sand and gravel mining operation. Please take a look at the attached Agreement and let me know if it meets with your approval. If so, I'd like to have the Agreement signed and notarized by the appropriate representative of your Company and returned to me. I will then have the Agreement executed by RMCC and return a fully executed copy to you. Give me a call if you have any questions or want to discuss the Agreement. Thanks, Mike Michael J. (Mike) Hart Hart Environmental Office (303)444-6602 Fax (303)402-9049 P.O. Box 1303 Boulder, CO 80306 2 attachments Butera Ltr. 03.06.09.pdf 4J 235K Anadarko Agreement 03.06.09.doc tral 27K Bill Timmons (Const Mat - Brighton) <Bill.Timmons@boral.com> Fri, Mar 6, 2009 at 3:59 PM To: mjhart0l@gmail.com Thanks mike Now that the Bromley Lakes ARA permit amendment is done and was turned in today I will have more time to help next week. I will Monday after meetings. HAGweekend Bill From: Michael Hart To: John Butera Cc: Bill Timmons (Const Mat - Brighton); Eric Scott Sent: Fri Mar 06 17:52:51 2009 1 of 2 3/6/2009 4:03 I Morton Lakes Index Map n.t.s. date: Oct. i, zoo8 W/O NUMBER ROW NUMBER I 29%i:7 a I45doolm IFFY 3_� 3 AGREEMENT This agreement is made by and between Ready Mixed Concrete Company (RMCC) dba Ready Mixed Aggregates, Inc., 4395 Washington Street, Denver, Colorado 80216 and Public Service Company of Colorado (PSCo), 550 15th Street, Suite 700, Denver Colorado 80202. Public Service Company of Colorado owns electric and/or gas transmission and/or distribution utility facilities and associated appurtenances located on a portion of the following described property: NE 12 Ti N, R67W of the 6th Principal Meridian in Weld County, Colorado. Ready Mixed Concrete Company proposes conducting mining activities on or near the property on which the PSCo facilities referenced above are located, and has applied to the Colorado Division of Minerals and Geology for a Construction Materials Regular 112 Operation Reclamation Permit (# M-2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require Ready Mixed Concrete Company to provide a notarized agreement between the Applicant Ready Mixed Concrete Company and the person(s) having an interest in significant or permanent man-made structures located within two hundred (200) feet of the affected land, stating that the Applicant agrees to provide compensation for any damage to said structures. Therefore, Ready Mixed Concrete Company agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In addition, Ready Mixed Concrete Company is responsible for all costs associated with the relocation of any PSCo facilities necessary to accommodate the mining operation. Applicant agrees to separately enter into a License Agreement with PSCo for any work to be performed on any PSCo property or within any easement held by PSCo, including the use of any roads crossing any such property or easement. This Agreement shall not be construed to limit the rights or remedies available to PSCo. 1 of 3 In witness whereof, the parties sign and accept this agreement on the day of 2009. Ready Mixed Concrete Company dba Ready Mixed Aggregates, Inc. By: Title: State of Colorado, )ss. County of The foregoing instrument was acknowledged before me this day of 2009 by as of Notary Public My Commission expires: 2 of 3 PUBLIC SERVICE COMPANY OF COLORADO By: Riley Hill, As Agent for Public Service Company of Colorado Xcel Energy Services, Inc. Regional Vice President Customer and Community Service Department State of Colorado, )ss. County of The foregoing instrument was acknowledged before me this day of , 2009 by as of Public Service Company of Colorado. Notary Public My Commission expires: 3 of 3 MORTON LAKES AGREEMENT This agreement is made by an between Ready Mixed Concrete Company a Colorado Corporation, 4395 Washington Street, Colorado 80216 and United Power, Inc. a Colorado Corporation, Post Office Box 929 Brighton, Colorado 80601. United Power, Inc.(United) owns aerial power line(s) (structure) located on a portion of the West one half (1/2) of the Southwest one quarter (SW V..) of Section 6 and the West one half (1/2) of the Northwest (NW V..) of Section 7 in Township 1 North, Range 66 West of the 6h Principal Meridian (PM) in Weld County, Colorado, land from which Ready Mixed Concrete Company intends to excavate sand and gravel. United also owns an aerial power line along the north line of the Southeast one quarter (SE V..) of Section 12, Township 1 North, Range 67 West of the C Principal Meridian (PM) in Weld County, Colorado. Ready Mixed Concrete Company has applied to the Colorado Division of Minerals and Geology for a Construction Materials (Regular 112 Operation) Reclamation Permit to mine sand and gravel from the Morton Lakes property located in parts of the Southeast one quarter (1/4) of Section 1 and the Northeast one quarter (1/4) of Section 12 in Township I North, Range 67 West of the 6a' P.M. in Weld County, Colorado. The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (Ready Mixed Concrete Company) to provide a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant agrees to provide compensation for any damage to said structures. Therefore, Ready Mixed Concrete Company agrees to repair or replace at its expense any damage to the above referenced structure(s) due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board In witness whereof, the parties sign and accept this agreement on the 22,..day of January 2009. c READY MIXED CONCRETE COMPANY By: Title: State of Colorado County of Denver • O': --ai.. --- .. P(JBL1G W!0 NUMBER ROW NUMBER 129otoeoi. '45otool$ /� cLlli-�Gh, by , going ipsupmennwwas aclmowletl¢O before met this at rday of 2009 >r� t es \.ti�.1 -cS Bea Mixed Concrete Company C o . Public My Commission expires: S - -7 - / / UNITED P�QWER, INC. By Y Title Y State of Colorado County of Adams JAN tnr The foregoing instrument was acknowledged before me This Tb day of Feb. a.1 y 2009 by bEAN A. HUSSUCK as MAUA6ER b ED ,£United Power, Inc. Notary Public ` 0fa 19 / 2 I I^ AiELtex3 • My Commission expires: � gFtUJILF-D � , nF CC. 2 ONUN.9ER ROW NUMBER 29,10004 145ot eaIB 3 AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and Wright Investment Group, Inc. (Wright) 1892 N. Denver Ave. Fort Lupton, Colorado 80621. Wright owns (structures) located on a portion of the Northeast one quarter (NE'/) Southeast one quarter (SE 'A ) of Section 1, Township 1 North, Range 67 West of the 6th Principal Meridian (PM) in Weld County, Colorado. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112c Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (Division File No. 2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant (RMCC) agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In witness whereof, the parties sign and accept this agreement on the 6Y4 day of March 2009. READY MIXED CONCRETE COMPANY. By: Title: State of Colorado County of Denver The foregoing instrument was acknowledged before me this Ce. ay of March 2009 by v-\ as-P.ik a px* of Ready Mixed Concrete Company. Notary Public My Commission expires: NOTAR1;14. s= BLIC;•oc sj9. ssron Exp Wright Investment Group, Inc. BY: -7-76,47//747 NOT^Rr .., State of Colorado County of Weld 'WNW. E Jan. 14. t fh The foregoing instrument was acknowledged before me this (o day of March 2009 by: My Commission expires: I -14 - act() 7 Gm iI t,t;ooRlc BETS. Michael Hart <mjhart01@gmail.com> Draft Agreement 1 message Michael Hart <mjhart0l@gmail.com> To: Corky Cantrell <corky@what-wire.com> Cc: Bill Timmons <bill.timmons@boral.com> Corky: Take a look at the attached draft agreement and let me know what you think. I have taken parts of RMCC's original agreement and combined them with parts of your Suburban agreement. Please note that RMCC agrees to enter into a separate License Agreement regarding relocation of the ditch, road and conveyor crossings and the like. Mike Michael J. (Mike) Hart Hart Environmental Office (303)444-6602 Fax (303)402-9049 P.O. Box 1303 Boulder, CO 80306 2 attachments Lupton Bottom Agreement 03.03.09.doc -' 35K 0,0 MORTON 2.26.09 DRM&S sh 6.pdf 6470K Tue, Mar 3, 2009 at 3:39 PM 1 of 1 3/12/2009 4:32 P LUPTON BOTTOM DITCH AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and the Lupton Bottom Ditch Company (Ditch Company), 11016 CR 23 Fort Lupton, CO 80621. The Ditch Company owns irrigation ditches (structures) located in the Northeast one quarter (NE'/ ) of Section 12 and the Southeast one quarter (SE'/) of Section 1 all in Township 1 North, Range 67 West of the 6th Principal Meridian (PM) in Weld County, Colorado, land which RMCC intends to mine sand and gravel from. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112 Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (# M-2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. The parties further agree that mining and reclamation of the Morton Lakes pits shall not be performed closer to the ditch than allowed by RMCC's DRM&S permit as shown on the attached Morton Lakes Mine Plan -Exhibit D (sheet 6 of 7) unless approved by the Ditch Company, subsequent to review of the plans and specifications by the Ditch Company's engineer. In addition, RMCC makes the following commitments to ensure the reasonable operation of the Lupton Bottom Ditch: 1. No dewatering flows will be added to the ditch unless there is a written agreement in place with the Ditch Company. 2. To control seepage, the areas adjacent to the Lupton Bottom Ditch will be backfilled to create 3H: 1V slopes as soon as practicable, backfill to contain compacted materials similar to pit liners constructed for water storage reservoirs. Alternatively a slurry wall lining shall be acceptable as long as there is a written setback agreement in place with the Ditch Company. 3. RMCC acknowledges the Ditch Company's historical easements and agrees not to impede the access or maintenance of the Ditch Company's ditch or related structures. 3/18/2009 1 4. RMCC agrees to provide compensation for any unforeseen damage to the Lupton Bottom ditch or associated structures, as well as secondary damages such as water replacement loss or crop damage related to water loss caused by RMCC's activities. 5. RMCC agrees to work with the Ditch Company to address any details needed to insure that the ditch and structures are protected. If however, a dispute arises over any damages contemplated by this paragraph, then both parties agree to have an unbiased, third party arbitrator, attempt to negotiate the dispute. 6. RMCC and the Ditch Company will work cooperatively together in the future to address mutually beneficial projects and to communicate about and resolve potential issues and objections. Any legal or engineering costs or fees required by future projects will be negotiated on a case by case basis. 7. RMCC agrees to separately enter into a License Agreement with the Ditch Company for any work to be performed on any Lupton Bottom property or within any easement held by Lupton Bottom, including relocation of any of Lupton Bottom's facilities and the installation of any road, conveyor crossing or pipelines of any such property or easement. In addition, RMCC is responsible for all costs associated with the relocation of any of Lupton Bottom's facilities necessary to accommodate the mining operation. In witness whereof, the parties sign and accept this agreement on the day of March 2009. READY MIXED CONCRETE COMPANY By: Title: State of Colorado County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by as of Ready Mixed Concrete Company. Notary Public My Commission expires: 3/18/2009 2 Lupton Bottom Ditch Company By: Title: State of Colorado County of Weld The foregoing instrument was acknowledged before me this day of March 2009 by as of the Lupton Bottom Ditch Company Notary Public My Commission expires: 3/18/2009 3 Iii LL o _J N W = IaJ O DOCr 0 OOwNz= a MINED SLOPE RECLAIMED SLOPE / 7////, //////, //////, //////, W Y///, /acs///, /_�///, /I -p/// • • W// /, • m/ / / , / / , ///, //////, //////, //////, //////, //////, //////, //////, //////, //////, // ////, //////, //////, //////, ///// /, / / / / / /, /////// /////// /////// O/// /// //,o, /, ///m///, //////, //////, //////, //////, / /////, //////, /.77//7, //////, 7/////, //7///, ///77/, //////, //////, ///7//, //////, //////, //////, 7/////, //////, //////, /////// /////// / /// /// /// //// //7//// /////// 7/////7 to 0- MOST CRITICAL FAILURE PLANE JOB NO. 19-4603.003.00 nom Ur rr.4r - Nolt)o i l FACTOR OF 0 L--)5 • a• - W 05 w a -W Noo 0000 W (n Z_ Z co 55 mod' x a o Dorn I'o 0 r7 )O m aw woo 00_ o D IQ )- NOTE: THIS FIGURE IS A CONCEPTUAL SKETCH, NOT A FINAL DESIGN. lid OL'&C townie 'OfW"tE-H0110-H01133SXQEOO 000MJ Gm Brighton Ditch 5 messages Michael Hart <mjhart01@gmail.com> To: Don Rosenbrodc <droserbrock@msn.com> Cc: Bill Timmons <bill.timmons@boral.com> Michael Hart <mjhart01@gmail.com> Wed, Mar 4, 2009 at 4:26 PM Don: I was given your name and e-mail address by Rich Vidmar with the City of Aurora. Rich tells me you are the Secretary of the Brighton Ditch Company. I am currently working on a sand and gravel mining permit application for Ready Mixed Concrete Company's (RMCC) Morton Lakes property located in part of the northeast 1/4 of section 12, township 1 north, range 67 west, adjacent to the section of the Brighton Ditch west of Big Dry Creek (see attached map). Currently, RMCC is in the process of getting permit approval for its Morton Lakes sand and gravel mine from the Colorado Division of Reclamation, Mining and Safety. The State's permit process encourages applicants to seek, were possible, agreements from owners of "structures" within 200 feet of land affected by the proposed mining. The tail end (about 2100 feet) of the Brighton Ditch is approximately 75 to 100 feet from the nearest Morton mining stage. Pursuant to the State's regulations I have prepared an Agreement (see attached) for the Ditch Company's consideration, whereby Ready Mixed Concrete Company (RMCC) agrees to repair or replace any damage to the ditch caused by the Morton Lakes sand and gravel mining operation. Please take a look at the attached Agreement and let me know if it meets with the Ditch Company's approval. If so, I'd like to have the Agreement signed and notarized by the appropriate representative of the Brighton Ditch and returned to me. I will then have the Agreement executed by RMCC and return a fully executed copy to you. Please do not hesitate to give me a call if you have any questions or want to discuss the Agreement. Thank you, Mike Hart Michael J. (Mike) Hart Hart Environmental Office (303)444-6602 Fax (303)402-9049 P.O. Box 1303 Boulder, CO 80306 • 2 attachments MORTON 2.26.09 DRM&S sh 6.pdf 6470K Brighton Ditch Agreementdoc -j 31K Bill Timmons (Const Mat - Brighton) <Bill.Timmons@boral.com> Wed, Mar 4, 2009 at 5:12 PM To: Michael Hart <mjhart0l@gmail.com> Mike Goy it From: Michael Hart [mailto:mjhart0l@gmail.com] Sent: Wednesday, March 04, 2009 3:27 PM To: Don Rosenbrock Cc: Bill Timmons (Const Mat - Brighton) 1 oft 3/12/20094:31 P1 Subject: Brighton Ditch [Quoted text hidden] DON BARB ROSENBROCK <drosenbrock@msn.com> Tue, Mar 10, 2009 at 10:33 AM To: mjhart0l@gmail.com Mike, I presented your proposed agreement too the Board's monthly meeting last night. They will be review it and make any recommended changes if they deem necessary. When this is completed they will respond back to you. Thanks You, Don Rosenbrock, executive secretary Date: Wed, 4 Mar 2009 15:26:56 -0700 Subject: Brighton Ditch From: mjhart0l@gmail.com To: drosenbrock@msn.com CC: bill.timmonsta'�.boral.com [Quoted text hidden] Michael Hart <mjhart01@gmail.com> To: DON BARB ROSENBROCK <drosenbrock@msn.com> Cc: Bill Timmons <bill.timmons@boral.com> Tue, Mar 10, 2009 at 4:25 PM Don: Thanks for the up date. Please get back to me with any revisions to the agreement at your earliest convenience. Thanks, Mike [Quoted text hidden] Bill Timmons (Const Mat - Brighton) <Bill.Timmons@boral.com> Tue, Mar 10, 2009 at 4:30 PM To: mjhart01@gmailcom Thanks Mike From: Michael Hart To: DON BARB ROSENBROCK Cc: Bill Timmons (Const Mat - Brighton) Sent: Tue Mar 10 18:25:21 2009 Subject: Re: Brighton Ditch [Quoted text hidden] 2 of 2 3/12/2009 4:31 P BRIGHTON DITCH AGREEMENT This agreement is made by an between the Ready Mixed Concrete Company (RMCC) a Colorado Corporation, 14585 Brighton Road, Brighton, Colorado 80601 and the Brighton Ditch Company (Ditch Company) 2645 Weld County Road 23, Fort Lupton, Colorado 80621. The Ditch Company owns an irrigation ditch and monitoring station located along the north line of the Southeast one quarter (SE1/4) of Section 12, Township l North, Range 67 West of the 6th Principal Meridian (PM) in Weld County, Colorado. RMCC has applied to the Colorado Division of Reclamation, Mining and Safety (Division) for a Construction Materials Regular 112c Operation Reclamation Permit for the Morton Lakes Sand and Gravel Pit (Division File No. 2008-082). The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the applicant (RMCC) to provide the Division, if possible, a notarized agreement between the applicant and the person(s) having an interest in any permanent man-made structures located within two hundred (200) feet of the affected land, stating that the applicant (RMCC) agrees to provide compensation for any damage to said structures. Therefore, RMCC agrees to repair or replace at its expense any damage to the above referenced structures due to its sand and gravel mining operation as approved by the Colorado Mined Land Reclamation Board. In witness whereof, the parties sign and accept this agreement on the day of March 2009. READY MIXED CONCRETE COMPANY. By: Title: State of Colorado County of Denver The foregoing instrument was acknowledged before me this day of March 2009 by as of Ready Mixed Concrete Company. Notary Public My Commission expires: 1 Brighton Ditch Company By: Title: State of Colorado County of Weld The foregoing instrument was acknowledged before me this day of March 2009 by: Title: of the Brighton Ditch Company Notary Public My Commission expires: 2 Hello