2009-07-06_REVISION - M1977036 (23)

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AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT, entered into by and between Lafarge West, Inc., hereinafter called "Lafarge", whose address is 11409 Business Park Circle, Suite 200, Longmont, CO 80504, and: DCP Midstream (successor in interest to Bellwether Exploration Co.) 1324 N. 7t' Avenue, Greeley, CO 80631 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 a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation, Mining and Safety for a 112 Reclamation Operation Permit and an application to the City of Greeley for a Use by Special Review Permit for sand and gravel mining located within the Northeast'/4 of the Northeast'/4 of Section 34, T6N, R66W of the 6 h P.M., Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure is as follows: Natural Gas Gathering Pipeline Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing, replacing, or compensating Structure Owner fir any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations up to a 150 foot setback from Structure Owner's structure. Lafarge commits that, if its operation causes damages to Structure Owner's structure within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2