2008-10-15_REVISION - M1999120 - Laserfiche WebLink

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SETBACK AGREEMENT Site Location: Fort Lupton Sand and Gravel Mine, DMG Permit 1/ M-1999- 120 - located in the S 1/2 of the NW t/4 of Section 30, Township 2 North, Range 66 West, 6' P.M., and including the amendment areas located in the N t/2 of the NW t/4 of Section 30, Township 2 North, Range 66 West, 60' P.M., Weld County, Colorado. Applicant: L. G. Everist, Inc. 7321 East 88'. Avenue, Suite 200 Henderson, Colorado 80640 Structure Owner: Lupton Bottom Ditch Company c/o Mr. Gene Wagner, President 9990 Weld County Rd 23 Fort Lupton, Colorado 80621 Structure: East Lateral of the Lupton Bottom Ditch - more specifically the section traversing the Site Location noted above. The specific parcels of real property traversed are 130930000002, 130930000004, 130930000070, 130930000073, 130930000074, and 130930000076. Required By: Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 The Colorado Division of Minerals and Geology ("DMG") requires all applicants of 112 Reclamation Permits to provide notarized agreements between the applicant and the owner(s) of any significant, valuable, or permanent man-made structure located within 200 feet of the affected property. The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. RECITALS A. L. G. Everist, Inc., an Iowa corporation ("Applicant" or "LGE") is applying for an amendment to a 112 Reclamation Permit from the Colorado Division of Minerals and Geology ("DMG"), for the purposes of mining the sand and gravel reserves and then reclaiming certain real FL-LBDCAgreement-Sep2004. DOC