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<br />AGREEMENT TO MINE IVVITHiIN 200 FEET <br />OF PERMANENT MAN-MADE STRUCTURES <br />THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called <br />"Aggregate Industries", whose address is 1707 Cole Bltid,, Golden, Colorado $0401, and: Shark's Tooth Pipe Line <br />Company, 30953 WCR 27, Greeley, CO 80631, herehla£ter referred to as the "Structure Owner". <br />The Colorado Mined Land Reclamation Act reluires 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 Stale of Colorado for its Division of <br />Minerals and Geology Regular 112 Operation Pennit M-1999-098 and an amendment application to Weld County <br />for Use by Special Review Permit 2°a AmUSR-897, forsand and gravel mining located within Sections 29,32 and <br />33, T61N, ROW of the 0 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: water line, as <br />shown on Exhibit C, Sheet 2 of the Mining Platt Map Amendment to M1999-098. <br />By this agreeunent 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 />Shark's Tooth Pipeline Company <br />Structure Owner Signature <br />Stale Of Colorado ) <br />) ss. <br />County of ) <br />Date: <br />The foregoing instrument was acknowledged before the this day of , 2008, by <br />as of <br />(SEAL) <br />Notary Public <br />My Commission expires: