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3 <br />AN AGREEMENT FOR THE PROTECTION OF TEMPLETON IRRIGATION DITCH <br />ACA Products Inc, a Coorado Corporation, located at 702 Gregg Drive, PO Box 1887, Buena <br />Vista 81211, operates a mining operation at the end of County Road 11, in Lake County <br />Colorado. <br />ACA Products is expanding its mining operations to include approximately 108 acres within the <br />fdlowing boundaries: The South'/: of the Southeast '/. of Section 7, Township 10 South, Range <br />80 West of the 6"' P.M. which lies Easterly of the Easterly boundary of the permanent easement <br />for the Mt. Elbert Conduit. And the North'/: of the Northeast'/, of section 18, Township 10 South, <br />Range 80 West of the 6'" P.M. Parcel 1 consists of 97.00 +/- acres. Also the portion of the South <br />'/: of the Southwest %. of Section 8, Township 10 South, Range 80 West of the 6rh P.M. which is <br />on the eastern boundaryry of the South's of the Southeast'b of Section 7, Township 10 South, <br />Range 80 West of the 8'" P.M. proceeding Eastedy 178.11 feet. <br />Parcel 2 consists of 5.41 +/-acres. <br />ACA Products wishes to mine on ether side of the Templeton Irrigation Ditch that lies within the <br />above mentioned boundaries up to 15 feet on either side of the ditch. The 15 foot buffer to the <br />adjacent 4:1 (H:V) slope will allow access to the dtch at all times during and after mining <br />operations allowing mraintenance of the ditch. See attached drawing. <br />To protect the ditch from blow out or seepage from the ditch, which may cause unstable slopes <br />and the eventual deterioration of the ditch ACA Products will line the ditch to protect and maintain <br />flow to the users of the ditch. In the event the ditch is damaged within the permitted mining <br />boundary, as a result of ACA's action, ACA wi11 either repair the dtch or relocate the ditch, if an ~( ~~ <br />agreeafNe location can be found. ACA will replace any lining or repair the ch, to the dtc <br />owner's satisfaction, at ACA's sde cost. <br />Signed: ~,~ r ~ . ~r c~ <br />/ tefan .Lani <br />91 CR 10 <br />Leadville, CO 80461 <br />Title: Ditch Right Owner Temoleton Ditch <br />State of ~A~C/~=<~6 ) <br />County of ~~ ~ /~re? ~ 1 <br />This foregoing instrument was acknowledged before me this day ~, 1998, <br />By Stefan Lani as Ditch right owner of <br />Notary Public // <br />My Commission Expires: ~d/(~7 <br />1 (AGREEMENT FOR THE PROTECTION OF TEMPLETON IRRIGATION DITCH) <br />