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AGREEMENT TO ALLOW MINING AND RELATED ACTIVITIES <br />WITHIN 200 FEET OF STRUCTURES AND/OR DEMOLISH STRUCTURES <br />Project Name: Jemadojin Sand Mine <br />Project Location: S Yz of Section 34, Township 16 South, Range 62 West, and part of the NW %< of the <br />NW Ya of Section 3, Township 17 South, Range 62, 6`h P.M., EI Paso County, Colorado. <br />Applicant: Oglebay Norton Industrial Sands, Inc. <br />Attn: Richard Kibbe, Plant Manager <br />3250 Drennan Industrial Loop, Colorado Springs, CO 80935 <br />(719)390-7969 <br />Structure Owner: Jeffrey M. and Maria L. Jindra (aka Jemadojin, LLC) <br />16449 Dearing Rd., Colorado Springs, CO 80928 <br />(719} 683-6437 <br />The Applicant is applying for an EI Paso County Use by Special Review Permit and a Colorado Mined Land Reclamation <br />Board Regular 112 Construction Materials Operation Reclamation Permit for property on which structures owned by <br />Jeffrey and Maria Jindra are located, specifically an existing unpaved access road, underground water line, stock tank, <br />and fences. This Agreement is confirmation that Mr. and Mrs. Jindra are aware of the mining and reclamation plans for <br />this project, and agree to allow mining and related activities immediately on or adjacent to these structures and/or to allow <br />the removal or demolition of the structures. <br />It is understood that these structures are of no value to Mr. and Mrs. Jindra, and that no repair to or compensation for <br />removal and/or damage to these structures will be required. The signature of the Oglebay Norton Industrial Sands, Inc. <br />officer below and the undersigned's signature hereon confirm such Agreement between the parties. <br />Undersigned: <br />Jeffrey and Maria Jindra <br />By: ~ -, and By"'~(~ <br />SFCOLOR D ~ ) <br />( )u <br />COUNTY OF Pa \}(1S~ <br />The foregoing instrument was acknowledged before me on this _~~ day of ~,, 2006 by <br />(Name) (Name) <br />Witness my h< n nd off eal. <br />Notary Public <br />Oglebay Norton Industrial Sands, Inc. <br />By: c <br />STATE OF ~~or~,Lv~]_) <br />My commission expires:u~p <br />Title: !"~/~w~!'17±a^!~~~ <br />~ ~ (~ )ss <br />COUNTY OF ~_\„~„SO 1 (~ ~~ <br />The fore\going\ins\tr'um\en\t was ackno'wled`ged before me on this ~~ day of _9T~Lt~U.. 2006 <br />by~~Yu~c`'~-_-K~`u`6p QW^t \h c of~u~ 4Ts~.So~s~~S <br />(\\ dnessmy han a official al. _ I <br />W My commission expires:~~l~j <br />Notary Public <br />