2005-01-04_REVISION - M1999120 (2)

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01/03/06 }4:2Y FA% 9082893548 L G EVERIST SET-iBACK AGREEMENT ~ 007 Required By: Colorado Division of Minerals and Geology pepartmerrf of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Sfte Locatlon: Fort Lupton Sartd and Ciravet Mirte, DMt3 Permit # M-1998-120, located in parts of the NE'/. of Section 25, Township 2 North, Range 67 West, and the NW'/. of Section 30, Township 2 North, Range 66 West, both 6'^ P.M., Wald County, CO. Applicant: L G. Everist, Inc. 7321 East 88th Avenue, Suite 200 "'a Henderson, Colorado 80640 Structure Owner: Weld County Dapartmertt of Public Works P.O- Box 758 Greeley, CO 80532 Structure: Weld County Road 18 (section along northern boundary of Site Location) The Colorado Division of Minerals and Geology requires all applicants of 112 Reclamation Permits to provide notari2ed agreements between the applicant and the owner(s) of any significant, valuable, or permanent mart-made structure located within 200 feet of the affected property- The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. The Applicant identified above is applying for an amendment to a 112 Reclamation Permtt from the Colorado Division of Minerals and Geology, for the purposes of mining fhe sand and gravel reserves and then roclafming the affected land, identified above as the Site Location. The Structure Owner identified above owns a sign cant, valuable, or permanent man-made structure, identfied above as the Structure, which Is located within 20D feet of the affected land, identified above as the Stte location. A Vdniry Map is attached to this agreement, showing the Sfte Location and the approximate location of the Structure. The Applicant will maintain the mining operation limits at least 60 feet from the Structure Owner's Structure. The 60 feet includes 40 feet for road r(ght-of--way, plus a 20-foot set-back. The Applicant hereby assures the Structure Owner and agrees that should the mining or reclamation operations at the Site Location identified above adversely affect the Structure Identified above, the Applicant will repair any damage to the Structure or will provide compensation to the Structure Owner for said damage to the Structure. LANRL•200ft-WNdCa-051204.doc