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AGREEMENT TO MINE WITHIN 200 FEET <br /> OF PERMANENT MANMADE STRUCTURES <br /> THIS AGREEMENT,entered into by and between Lafarge West, Inc.,hereinafter <br /> called"Lafarge", whose address is 11409 Business Park Circle, Suite 200, Longmont, CO <br /> 80504, and: <br /> DCP Midstream(successor in interest to Bellwether Exploration Co.) <br /> 1324 N. 7t'Avenue, Greeley, CO 80631 <br /> Hereinafter referred to as the"Structure Owner". <br /> The Colorado Mined Land Reclamation Act requires that landowners adjacent to a <br /> proposed mining operation be informed about the mine and the reclamation. Further,the Act <br /> provides protection for structures that are within 200 feet of a mining operation. <br /> Lafarge will be submitting an application to the State of Colorado Division of <br /> Reclamation, Mining and Safety for a 112 Reclamation Operation Permit and an application to <br /> the City of Greeley for a Use by Special Review Permit for sand and gravel mining located <br /> within the Northeast '/4 of the Northeast '/4 of Section 34, T6N,R66W of the 6 h P.M., Weld <br /> County, Colorado. <br /> The Structure Owner owns a permanent manmade structure or structures within 200 feet <br /> of the land affected by the mining and reclamation operations. The description of the structure is <br /> as follows: <br /> Natural Gas Gathering Pipeline <br /> Lafarge must attempt to obtain permission from Structure Owner in order to conduct <br /> operations closer than 200 feet to the structures owned by the Structure Owner. In addition, <br /> Lafarge must commit to repairing,replacing, or compensating Structure Owner for any damage <br /> that might be caused to its structure by the mining operation of Lafarge at this site. <br /> By this agreement, Structure Owner consents to Lafarge conducting mining operations up <br /> to a 150 foot setback from Structure Owner's structure. Lafarge commits that, if its operation <br /> causes damages to Structure Owner's structure within 200 feet of said operations, Lafarge will <br /> repair or replace such structure or compensate Structure Owner for the value of said structure. <br /> Page 1 of 2 <br />