2019-01-15_REVISION - M2018057 ‎(2)‎

• Permit No: M2018057
• IBM Index Class Name: Revision
• Doc Date: 1/15/2019
• Doc Name: Adequacy Review Response
• From: Venture Resources
• To: DRMS
• Email Name: JLE
• Media Type: D
• Archive: No

Exhibit A
(See attached legal description.)
Exhibit B
COMPENSATION AGREEMENT
-7i;
This COMPENSATION AGREEMENT is made this i_o , day of ti--— 2015 by and
between PUBLIC SERVICE COMPANY OF COLORADO,a Colorado corporation hereinafter
called"PSCo"and Venture Resources,Inc.,hereinafter called"Mining Company."
RECITALS
A. PSCo is the owner of certain real and personal property assets described on Exhibit
A,attached hereto and made a part hereof(collectively referred to as the"Property"),and desires to
protect and preserve the utility facilities located thereon and the future use of said Property for utility
purposes.
B. Mining Company desires to undertake mining activities within 200 feet of the
Property as more particularly described on Exhibit B, attached hereto and made a part hereof, (the
"Mining Activity"),and desires to obtain PSCo's permission therefor.
C. The STATE OF COLORADO, DIVISION OF RECLAMATION, MINING AND
SAFETY hereinafter called the "Division," requires that where a mining operation will adversely
affect the stability of any significant,valuable and permanent man-made structure located within 200
feet of the affected land, Mining Company shall provide a notarized agreement between Mining
Company and PSCo, that Mining Company is to provide compensation for any damage to the
structure.
D. PSCo is willing to consent to the Mining Activity subject to the terms and conditions
stated in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. This Agreement does not convey an interest in real property. The parties do not by
this Agreement intend to create a lease,easement or other real property interest. Nothing contained
in this Agreement shall be deemed or construed to create a partnership or joint venture of or between
PSCo and Mining Company,or to create any other relationship between the parties.
2. PSCo intends to use the Property for all purposes in connection with electric power
generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or
distribution, and the rights herein granted to Mining Company are subject to the rights of PSCo to
use the Property for such purposes,which rights PSCo hereby expressly reserves.
3. Mining Company shall not interfere with PSCo's activities or facilities on the
Property, and Mining Company shall construct, maintain and operate the mine and conduct the
Mining Activity in a safe and prudent manner considering overhead electric distribution lines located
within 200 feet of the Mining Activity and any other PSCo facilities located on or below the surface
of the Property.
2016