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<br />AGREEMENT TO MINE WITHIN 200 FEET
<br />OF PERMANENT MAN-MADE STRUCTURES
<br />THIS AGREEMENT, entered into by and among Aggregate Industries -WCR, Inc., hereinafter called
<br />"Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Clyde W. Feuerstein, whose
<br />address is Rosewood, 701 23ed Street, Apt. 12, Greeley, Colorado 80631, Larry D. Feuerstein and Toni R. Feuerstein,
<br />whose address is 13621 WCR 64, Greeley, Colorado 80631, and Triple F Enterprises LLLP, a Colorado limited
<br />liability limited partnership, whose address is Rosewood, 70123"' Street, Apt. 12, Greeley, Colorado 80631
<br />collectively, "Owner".
<br />The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation
<br />be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200
<br />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 for
<br />Use by Special Review Permit 2"" An1USR-897, for sand and gravel mining located within Sections 29, 32 and 33,
<br />,r6/N, R66W of the 6"' RM., Weld County, Colorado.
<br />Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining
<br />and reclamation operations. The description of the structure is as follows: Buried Irrigation Lateral, as shown on
<br />Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098.
<br />Aggregate industries must obtain permission from Owner in order to conduct operations closer than 200 feet to
<br />the structures owned by Owner. In addition, Aggregate Industries must commit to repairing, replacing or compensating
<br />Owner for any damage that might be caused to its structures by the mining operation of Aggregate Industries at this site.
<br />Further and in consideration of this Agreement, Owner desires to have Aggregate Industries indemnify and hold them
<br />harmless from and against any and all damages that may arise upon and to the real or personal property of Owner as a
<br />result of operations upon the above-described property.
<br />By this agreement, Owner authorizes Aggregate Industries to conduct mining operations within 200 feet from
<br />Owners' above-referenced structure. Aggregate Industries commits that, if its mining operation causes any damage to
<br />Owner's structure within 200 feet of said operations or to any personal and/or real property of Owner or causes any
<br />damage to, or interferes with, any of Owner's water rights, personal property, real property, or improvements thereon,
<br />including, but not limited to, the historic water flow capacity of the Whitney Ditch Lateral, Aggregate Industries will, as
<br />applicable, repair or replace such damaged structure and compensate Owner for interference with, or damage to, such
<br />water rights, personal property, real property, crops, or improvements, and cease interference with the Whitney Ditch
<br />Lateral and restore it to its historic water flow capacity.
<br />The parties acknowledge and agree that the proposed mining plan anticipates relocating the subject irrigation
<br />lateral through the permit boundary and will enter into a separate written agreement addressing such relocation, with
<br />said agreement establishing a historic water flow capacity to be agreed upon among the parties and providing that such
<br />water flow capacity (or amount and velocity of water) be maintained and preserved in any relocated irrigation lateral so
<br />that the highest head of irrigation water historically available will not be lessened. Mining will not progress beyond the
<br />75-foot setback from the irrigation lateral and other irrigation structures and improvements established by the slope
<br />stability study upon which the limit of mining was established and shown on Exhibit C, Sheet 2 of the Mining Plan Map
<br />until such time as a relocation agreement has been executed by the parties.
<br />The parties hereto acknowledge and agree to the above-stated items.
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<br />100353523.1;
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