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S P.O. BOX 700 <br />-HENDERSON, CO 80640 <br />ALBERT FREI & SONS (303) 289-1837 <br />(303) 289-2865 FAX <br />May 23, 2008 <br />Xcel Energy, Inc. <br />414 Nicollet Mall <br />Minneapolis, MN 55401-1993 <br />To whom it may concern; <br />RE: Damage Reimbursement Agreement <br />Albert Frei and Sons, Inc. <br />Albert Frei and Sons, Inc. has made application for a Colorado <br />Mined Land Reclamation (MLR) permit to extract construction materials <br />from a tract of land located in Part of the NW; Sec. 31, T-2-S, R-67- <br />W, 6th P.M., Adams County, Colorado. <br />Since the Xcel Energy, Inc. owns structures within 200 feet of <br />the mining area state law requires the applicant to agree to reimburse <br />the owner of any structure for damage doh 'to the structure as a <br />result of the permitted operation. According to the MLR law your <br />signature on this agreement must be notarized. <br />Albert Frei and Sons, Inc., agrees to reimburse Xcel Energy, Inc. <br />for any damage done to the structures listed below as a result of the <br />proposed mining operation. <br />Your acknowledging signature and a notary seal in the spaces <br />provided below should satisfy the MLR law reimbursement requirement. <br />Please return the original in the supplied envelope by June 23, <br />2008 so we can supply it to the Division of Reclamation, Mining & <br />Safety. Thank you for your cooperation. <br />Sincerely, ACKNOWLEDGED BY: <br />Xce nergy, Inc. <br />Ben Frei Title ?, o i-?S?i? s s- o•-? ?.,. <br />Secretary <br />cc Division of Minerals and Geology STATE OF COLORADO ) <br />File ) ss. <br />COUNTY OF AA&ms ) <br />Structure list: `????r?'"'?~?T?? And subscribed for going was acknome, wledged, <br />under ground powerline . , . Public, this 1444- day of <br />above ground powerline ?Og <br />commission expires: <br />Q3iJl <br />,2t aty' P lic <br />£ CF 6 <br />"'fait I'll