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AGREEMENT <br />THIS AGREEMENT is entered into this 18h day of August, 2017 by and between <br />Asphalt Specialties Company. Inc. (hereinafter referred to as the "Applicant") whose <br />address is 10100 Dallas St., Henderson, Colorado 80640 and Colorado Dept. of <br />Highways thereinafter referred to as the "Structure Owner) and whose address is 4201 <br />East Arkansas Ave., Denver, CO 80222-3406. This agreement supersedes and nullifies <br />the previous agreement by and between the two parties named herein and dated May 9, <br />2016. <br />WHEREAS: <br />The Applicant is seeking an amendment to a State of Colorado Mined Land Reclamation <br />Board Permit (M-2015-030) to mine sand and gravel and to reclaim the property as a <br />clay -lined sealed water -storage reservoir, under which permit the applicant proposes to <br />mine within 200 fl. of two existing permanent man-made structures (U.S. Hwy -85 and <br />erosion control "Spur Dikes") owned by the Structure Owner. The edge of the mining <br />excavation is to be 50 ft. from the Structure Owner's R.O.W. along US Hwy -85 and 50 <br />fl. from the southern edge of the three Spur Dikes that would be affected by Applicant's <br />mining. Exhibit A is attached hereto and shows the U.S. Hwy -85 structure (and <br />associated R.O.W. fence) and the distance from it to the edge of the applicant's mining <br />excavation. Attachment A to Exhibit A shows the mining setback distance of at least 50 <br />fl:. from the Spur Dikes, Both Exhibit A and Attachment A are agreed to be an integral <br />part of this Agreement. The mined -out sand and gravel excavation will be lined with a <br />clay -liner and reclaimed as a water -storage reservoir as also shown on Exhibit A. <br />AGREEMENT: <br />The Applicant hereby commits to fully repair or to fully compensate the Structure Owner <br />for any damage to the structures which damage is caused by the Applicant's mining and <br />reclamation operations. <br />AGREED: <br />By the Applicant: <br />By Applicant's Representative and Title Da <br />State of Colorado ) <br />) ss <br />County of a.�) <br />The f re *Ding instrument was acknowledged before me this I Slay ofjju4 v sj; 2017 , <br />as f opt iLC� /r rfj- Of <br />_ JAN MWWN <br />PURM <br />Notwi Public srATEOF'CMO Aao <br />Nt7?ARY ID 198M30537 <br />My Commission expires:Axe <br />z L MY cotAssM EMRESAPM 27,2D20 <br />f — <br />rage < of 2 <br />