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<br />manner as not to damage the Company's Canal or the embankment <br />thereof and so as not to interfere with the flow of water in said <br />Canal. <br />3. 200 Foot Minimum Distance. Mining, excavation and <br />reclamation activities on the north side of HIGH LINE's Canal <br />shall remain at least 200 feet from the north bank of the Canal <br />and any other structures of HIGH LINE. HIGH LINE will review and <br />consider findings of the geological study that CENTENNIAL STATE <br />PAVING, INC. has commissioned, and will further consider anv <br />geotechnical slope stability study by qualified persons. HIGH <br />LINE may perform any additional analysis that it might elect to <br />confirm the results of the said studies- After review of said <br />studies both parties will in good faith negotiate concerning a <br />safe distance from the Canal to the mininq_ limit before mining <br />may commence on the north side of HIGH LINE's Canal closer than <br />200 feet from the Canal. <br />4. Mining shall start on the South Side of the Canal. Phasing <br />shall be reduced from four (4) to three (3) phases as shown on <br />the revised Mining Plan Map. <br />5. A certain temporary Portable Bridge may be allowed to span <br />over the Canal- The free board under the Bridge shall be a <br />minimum of four (4) feet as measured from the lowest structural <br />member underneath the bridge to the ground at: the abutment on <br />both sides of the bridge span. <br />6. Mining on the South side of the Canal will start at 50 feet <br />from the Canal bank and extend outward into phase one. The slope <br />shall be at 3 horizontal to 1 vertical (3h:ly) down to the pit <br />floor. There shall be no mining closer than 50 feet to the bank <br />of the HIGH LINE'S Canal or Canal. <br />7. Mining shall not start on the north side of the Canal unless <br />and until both parties hereto have agreed to the distance in feet <br />from the top of the bank of the Canal to the mining limit. The <br />distance is dependent upon findings of the geological study that <br />CENTENNIAL STATE PAVING, INC. has commissioned, and further upon <br />a geotechnical slope stability study by qualified persons. HIGH <br />LINE will review and consider such studies and may perform any <br />additional analysis that it might elect to confirm the results of <br />the said studies. After review of said studies both parties will <br />in good faith negotiate concerning a safe distance from the Canal <br />to the mining limit- Mining shall not commence on the north side <br />of the Canal before a further agreement is entered between <br />CENTENNIAL and HIGH LINE- <br />-2-