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AGREEMENT TO MINE WITHIN 200 FT OF A PERMANENT MAN-MADE STRUCTURE <br />THIS AGREEMENT dated effectively October 5, 2005 is made between Asphalt Specialties Company, <br />Inc., 10100 Dallas St., Henderson CO 80538, herein called "ASCI" and the Last Chance Ditch Company <br />herein called "Last Chance" hereinafter referred to as the "Parties" to this agreement. <br />WHEREAS, ASCI represents that they aze the gravel permit Operator for the Nelson Mining Resource <br />proposed to occur on described lands in un-incorporated Weld County, Colorado to wit: <br />E1/2 of the SE1/4, Sec. 31. T3N, R67W, 6th PM <br />WHEREAS, Las[ Chance owns the irrigation ditch and water rights within the canal immediately [o the <br />southeast of the proposed gravel pit as shown on the attached and referenced Exhibit "A" to this agreement. <br />WHEREAS, ASCI wishes to mine sand and gravel on said property utilizing dry mining techniques. <br />NOW THEREFORE, <br />1. Last Chance agrees to allow ASCI to mine within approximately 75 ft of the canal as a temporary <br />condition and ASCI will backfitl a total of approximately 100 ft of the 75 ft. mined to approximate <br />historic grade and from that point inward to the pit floor a[ a 3:1 slope within 1 year of mining. <br />2. ASCI agrees to monetarily compensate Last Chance for any damage to the canal that would be <br />caused by ASCI's mining activities. <br />IN WITNESS WHEREOF, [he Parties have executed this agreement on the date set forth above: <br />,( "~'~ <br />:; ~ / "'~i"I~ <br />Robert Nelson <br />President <br />Last Chance Ditch Company <br />~~ <br />Daniel W. Hunt <br />President <br />STATE OF COLORADO <br />ss. <br />COUNTY OF ~/7~.~ ) <br />The foregoing instrument was acknowledged before me this -day <br />Asphalt Specialties Co., Inc. <br />RNONDA.E. <br />OLSWIi <br />Witness my hand and official seal <br />My Commission expires;'`r -~ ~~ <br />ky Commissan Exp'ues <br />r <br />Notazy Publi (/ ~ <br />