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SETBACK AGREEMENT <br />Project Name: Wattenberg West Sand and Gravel Mine <br />Project Location: NW '/. Section 25, T1N, R67W, 6'" P.M., Weld County, Colorado <br />Applicant: Asphalt Paving Company <br />14602 W. 44'" Avenue, Golden, CO 80403 <br />(303)279.6611 <br />Structure Owner: Brighton Ditch Company <br />3286 Weld County Road 23, Fort Lupton, CO 80621 <br />The Applicant is applying for a Weld County Mining Use by Special Review Permit and a Colorado Mined Land <br />Reclamation Board Regular 112 Construction Materials Permit on property through which the Brighton Ditch <br />Company holds an easement (see attached "Exhibit A: Vicinity Map"), This Agreement is confirmation that the <br />Brighton Ditch Company understands that the property will be reclaimed for lined water storage. <br />The Brighton Ditch Company agrees to a setback of 200 feet from the east edge of the Brighton Ditch for mining <br />operations (and it is agreed that any excess seepage from the Brighton Ditch will be pumped back into the <br />Brighton Ditch), and a setback of 50 feet from the east edge of the Brighton Ditch for mineral processing, <br />stockpiling and other surface uses of the property, as shown on attached "Exhibit B: Extraction Plan Map". <br />Should any damage occur to the Brighton Ditch resulting from the proposed operations, Asphalt Paving Company <br />will fully repair any such damage at its expense or provide full compensation for any damage. The signature of the <br />Asphalt Paving Company officer below and the undersigned's signature hereon confirms such Agreement and <br />repair/compensation obligation between the parties. <br />Undersigned: <br />Brighton Ditch Company _') ' <br />ey: ~Jr .~ ~ Title: ~ " <br />STATE OF COLORADO ) <br />)SS <br />COUNTY OF ~~S 1 <br />The foregoing instrument was acknowledged before me on this _--C~IS day of~///nti, , 2005 by <br />/~P s~/i'~A~Oit..~l~~ <br />~^ -~PanY) <br />commission expires: t% <br />Asphalt aving Company ~~ ~~ // \ 1 <br />By: ~ Title: A~3:rl..~.T_ <br />5 E ~ JCfoetfln~imps <br />)ss <br />COUNTY 0~~[~~ ~,~ ~c <br />I!d 9DITEOSC(lLO~gAD <br />The foregoing instrument was acknowle/dg~ed bE~I~RIFP6r~1;7 day of~/A~~ .n2005 <br />t~~f6tLlTi~iS..L. ~ M¢ni~O.,~, of ~~g,bo•zj.-fiLi. L,rp CO <br />Witness m and and official seal. ~ U <br />~ My commission expires: '1r~5/-~ <br />ota Public <br />is <br />~„cC! i<Ey~3 <br />typ7ARY <br />~~ ~~ <br />.I'"ti, <br /> <br />