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~ ~ "~ SLP29 99$6 sEp cf~VED ,a ~~- k r•~;~ ,...... .. 2¢ 1986 AGREEMENT This Rgreenrer:t is made between the Trust, herein kr:c•wr, as the Tr•:ast and her•eir: kr:owr: as the Company. Whereas, the Trust is owr:er of a certa to as the Lard, whose leeal description A, The Trust desires to extract prc•per•ty and create a permar,er:t lake. pollyanr~a F. Manr: Marital the Fulton Ditch Company ir: piece c•f land, referred is er:clo5ed as Attachh•ent sand ar:d gravel fi'rorn the Whereas, the Comoar,y owns a ditch along the eastern bor•der• c•f the Lard. The Company has the rioht to cor:struct their ditch within the boundaries of the Land, cor:vey water in the ditch, and use whatever or•r~und necessary to rnair:tain the ditch. Whereas, the Trust has applied to Adorns County ar,d to the ColoT`ada Mined Lard Reclamation Divisior: for necessary permits to allow for the operation of a mine. Whereas, the Company is concerned about potential problems and impacts resulting from this minir:g operation. Therefore, both parties agree to the following ter-rns: 1. ~ That the Trust shall prevent mining from occurring arty closer that 100 feet to the cer~terlir:e of the ditch. 2. That the Trust shall cause the mining oper•ator• to plant decid:aous shade trees at a minimum of 50 feet on center for the length of the ditch when "the mining edge is 100 feet from the cer:terline of the ditch. These trees shall be planted at the toe of the Ditch embankment. These trees shall be part of the reclamation plan oer•mittetl by the Mined Land Rec2arnatien Division. 3. That the Trust shall cause the minir:g operator to excavate clays, shales, and silty overb:arden and place these materials along the shorelir:e (bath above water ar~d under•water•) of the lake wher: the mir:ine edee is 10N feet fr•orn the cer:terline of the ditch. This material shall be a mir:imum of 12 inches in thickness. The Trust may place additional overburden and topsoil material over- the clays, shales, and silts, in order- to allow the pr•owing of or-asses.