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AGREEMENT TO MINE WITHIN 200 FEET <br />OF PERMANENT MAN-MADE STRUCTURES <br />THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate <br />Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Qwest 1801 California St., 25th Floor, <br />Denver, CO 80202, hereinafter referred to as the "Structure Owner". <br />The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining <br />operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that <br />are within 200 feet of a mining operation. <br />Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of <br />Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County <br />for Use by Special Review Permit tad AmUSR-897, for sand and gravel mining located within Sections 29, 32 and <br />33, T6/N, R66W of the 6s' P.M., Weld County, Colorado. <br />The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land <br />affected by the mining and reclamation operations. The description of the structure(s) is as follows: fiberoptics, <br />telephone lines, and buried telephone lines, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to <br />M1999-098. <br />By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure <br />Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) <br />or compensate Structure Owner for the value of said structure(s). <br />The parties hereto acknowledge and agree to the above-stated items. <br />AGREED: <br />Structure Owner: <br />Qwest <br />Date: <br />Structure Owner Signature <br />State Of Colorado ) <br />) ss. <br />County of LJ1 U__) ) <br />The foregoing instrument was acknowledged before me this /Z- day of C'Ct'/9o ? , 2008, by <br />7?Q8AkR ` k tF14- as R-1t,t.) Y iy o Y, of Q?„3c': ?7' C?;? is-?1tT t? ?-j <br />(SEAL) <br />/ w blic <br />My Commission expires: t?.1 N.4 ` I <br />THOMAS <br />0(.?