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AGREEMENT TO MINE <br />We, Gregg and Denise Smith, hereby grant permission to Phillips County Road and <br />Bridge to mine gravel within the expanded boundaries of the Kennedy Pit (M- 1990 -116) in the <br />SE% of Section 21, T7N, R43W as approved by the Colorado Division of Reclamation, Mining, <br />and Safety. <br />mined. <br />Date <br />Phillips County will remit payment, based upon its current approved rate, as material is <br />Gregg Smith <br />Denise Smith <br />P Gravel Kennedy SmithAgreementToMine10.10 13.docx <br />