2009-03-11_REVISION - M1999098 (6)

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AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate lndustries", whose address is 1707 Cole Blvd., Gulden, Colorado 80401, and: DCP Midstream 370 17th St., Ste 2500, Denver, CO 80202, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of it mining operation. Aggegate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2"d AmUSR-897, for sand and gravel mining located within Sections 29,32 and 33, T6/N, R66W of the & P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: gas lines, as shown on Exhibit C. Sheet 2 of the Mining Plan Map Amendment to M 1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above-stated items. AGREED: Structure Owner: DCP Midstream Structure Owner Signature rate: / .2-, -D 3 - zoo P State Of Colorado ss. County of G?CGA ) The foregoing instrument was acknowledged before me this ? day of J . 2008, by C/"/i'fi'1 ?na. L IG[' , 1-14 e 1 /rt as 4!/,(y /IICr of .01 (S E A 1.) My Commission expires: 5 a ?QAA,1k_-- Notary Public r- .?pBY IORNI CARLSON