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City of Greeley <br />RE: Agreement for Compensation for Damage to Structures within 200 feet of mining activities <br />-2- <br />acceleration factors for the area. This evaluation indicates that damage to structures <br />adjacent to the mining should not occur, even during earthquake conditions, which <br />are very unlikely to be present. <br />With this letter, Broken Arrow Investments, LLC requests your authorization to <br />conduct mining and reclamation activities within 200 feet of the structures located on <br />your property. In return for this authorization, Broken Arrow Investments, LLC agrees <br />to provide full compensation to restore Balsam Avenue to the existing condition at <br />the time of damage resulting from its mining and reclamation activities. Your <br />notarized signature below grants permission for Broken Arrow Investments, LLC to <br />conduct mining and reclamation activities within 200 feet of your structure(s), and <br />acknowledges Broken Arrow Investments, LLC's commitment to provide <br />compensation for any damages to said structure(s) caused by Broken Arrow <br />Investments, LLC's mining and reclamation activities. <br />If you provide authorization to conduct mining and reclamation activities with 200 feet <br />of your utility/street DRMS also requires a notarized letter, on utility/county <br />letterhead, from the owner(s) of the utility. Per Rule 6.4.19 of the DRMS 112 <br />Construction Materials rules and regulations the letter should state that the mining <br />and reclamation activities as proposed will have "no negative effect" on your <br />utility/street. <br />Sincerely, <br /> <br />Darwin D. Derr, Manager <br />Broken Arrow Investments, LLC <br />"See attached City of Greeley Signature Page" <br />November 15, 2008 <br />Date <br />Broken Arrow Investments, LLC 699 North 15t Avenue Greeley, Colorado 80631