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<br /> <br /> <br /> <br />• ~ AN AGREEMENT FOR THE PROTECTION OF TEMPLETON IRRIGATION DffCH <br />ACA Products Inc, a Coorado Corporation, located at 702 Gregg Drive, PO Box 1887, Buena <br />Vsta 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 />following boundaries: The South '/ of the Southeast '/. of Section 7, Township 10 South, Range <br />80 Wesl of the 6'" P.M. which lies Easterly of the Easterly twundary of the permanent easement <br />for the Mt. Elbert Conduft. And the North'/: of the Northeast Y, 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 61h P.M. which is <br />on the eastern boundary of the South'/z of the Southeast '1. of Section 7, Township 10 South, <br />Range 80 West of the 6 ° P.M. proceeding Easterly 178.11 feet. <br />Parcel 2 consists of 5.41 +/- acres. <br />ACA Products wishes to mine on either 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 ditch at all times during and after mining <br />operations allowing maintenance of the ditch. See attached drawing. <br />7o protect the ditch from blow out or seepage from the ditch, which may cause unstable scopes <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 will either repair the ditch or relocate the ditch, if an <br />agreeable location can be found. ACA will replace any lining or repair the ditch, to the ditch <br />owners satisfaction, at ACA's sole cost <br />Signed: `%~ ;,, •(~c~C <br />Stefan F, Lani <br />91 CP. 10 <br />Leadville, CO 80461 <br />Title: Ditch Right Owner Templeton Ditch <br />State of (P ~C, r. ~~C 1 <br />) <br />County of ~~~ c ~ ,= e 1 <br />This foregoing instrument was acknowledged before me this day December, 1998, <br />By Stefan Lani as Ditch right owner of <br />Notary Public <br />My Commission Expires: `/~o'//~> <br />1 (AGREEMENT FOR THE PROTECTION OF TEMPLETON IRRIGATION DITCH) <br />1 • <br />