2022-01-11_PERMIT FILE - M2022002 (2)

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AGREEMENT TO MINE WITHIN 200 FEET OF PREMANENT MAN MADE STRUCTURES THIS AGREEMENT, entered into by and between ACA Products, Inc.,hereinafter called"ACA", whose address is 702 Gregg Drive, PO Box 1887, Buena Vista, CO 81211, and: North Fork Ditch Hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. ACA has submitted an application to the State of Colorado Division of Reclamation, Mining and Safety for a 110 Reclamation Operation Permit and an application to Chaffee County for Special Land Use Permit for sand and gravel extraction located within the South Half of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 36, Township 50 North, Range 7 East of the New Mexico Principal Meridian, Chaffee County, Colorado. The structure Owner owns a permanent man made structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure is as follows: North Fork Ditch ACA must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, ACA must commit to repairing, replacing, or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of ACA at this site. ACA will install Pre-stressed Concrete Cylinder Pipe, 66"X 20',to cross North Fork Ditch. By this agreement, Structure Owner consents to ACA conducting mining operations up the Southeast Boundary fence and underground irrigation pipeline. ACA commits that, if its operation causes damages to North Fork Ditch, ACA will repair or replace such structure for the value of said structure.