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R14R —LI- 2006 -19 <br />UNITED STATES OF AMERICA <br />DEPARTMENT OF ENERGY <br />WESTERN AREA POWER ADMINISTRATION <br />Ault -Craig 345 -kV Transmission Line <br />SESE Section 3, Towruhip 9Notth, Range 68 West <br />6th Principal Meridian, Lorimer County, Colorado <br />Vicinity of Structures 1515 & 15/4 <br />LICENSE AGREEMENT <br />TS LICENSE AGREEMENT is made this � <br />HI day of A6qtTr— , 2006, between HIGHPLAMS SAND <br />AND GRAVEL (LICENSEE), whether one or more, and the UNITED STATES OF AMERICA, Department of Energy, Western <br />Arm PowerAdminfstration (Western), represented by the officer executing this agreement, pursuant to the Reclamation Act, Act of <br />June 17, 1902,32 Stat. 388, and acts amendatory the eof and supplementary thereto, and the Department of Energy Organization Act, <br />Act of August 4, 1977, 91 Stat. 565. <br />WITNESSETH: <br />Westem concurs that Oie sand and gravel mine (FACILITY), proposed by fete LICENSEE will not interfere with,the operation <br />and maintenance of the Ault-Craig 345 -kV Transmission Line, if constructed in the manner and at the locations shown on Exhibit A, <br />attached hereto and made it part hereof <br />In consideration of Western's concurrence, the LICENSEE agrees to the following: <br />(a) Thislidense does not grantany right, prtvllego, or interest in the lend. The LICENSEE is responsible for obtaining any <br />neeessaryland rights from the underlying landowner. <br />(b) This beerse"is only'valid provided the FACILITY is-constructed, operated, and maintained in conformaoee with the <br />attached drawings, and/orexhibits. Any relocations, changes, or upgradntixthire additional concurrence by Weatem. <br />L/CFNSEE agreds,m3lter or relocate its FACILITY, at no cost to Western, to accommodate future modifications of Westem's <br />facilities, Including but not limited lo, upgrades of the transmission line. <br />(c) Plesse note that the easement width is 175 feet (87.5 fceteach side of the centerline). Operatlbn and maintenance of the <br />transmission tine requires that Western use heavy equipment within the easement area, therefore', Western will not be held <br />liable for damages'm the FACILITY should they occur. <br />(d) LICENSEE shall notify Western at least 10 business days prior to commencing installation of the FACILITY to permit <br />inspection by Western. Contact Ed Hod in our Cheyenne Offitx. (307) 632 =6034. <br />(e) To abide by and comply with all applicable Federal, State, and local laws and building and safety codes. <br />(1) Induced voltages and currents may occur on the FACILITY constructed orplaced under or near high voltage transmission <br />lines. The LICENSEE slidlibe'redponsible,fwtheprotmfion ofporsonnel and equipment in'their design, constr(mlon, <br />operation and maintenance of the FACILITY described in this License Agreent nt, <br />(g) It is specifically understood and agreed that the United Statessheli'heve no liability and the United Stotts assumes no <br />responsibility far any liability', 160 and /bt damage resulting flnm injury or death•ofpersore whomsoever, or damage to, loss, <br />or dtstruction•of property Whatsoever, when such liability, injury, death, loss or damage results from or In connection with the <br />use of Western's enaemenbarea by LICENSEE. <br />(h) This agreemenriball be binding on the successors on assigns of the,LICHNSEE and Western, <br />(i) A minimum overhead clearance of at least 20 feet from the conductors must be maintained at all times. <br />LICENSEB THE UNITED STATES OF AMERICA <br />Mr. Robert Pittington Western Area Power Administration <br />High Plains Sand & Gravel <br />P.O. Box 1228 <br />Wellington, CO 90539 <br />(Signatur ickey Cgg�raa <br />Miiintedence Manager <br />Rocky Mountain Region <br />(Title) <br />