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AGREEMENT TO MINE WITHIN 200 FEET <br />OF PERMANENT MANMADE STRUCTURES <br />THIS AGREEMENT, entered into by and between Lafarge West, Inc., hereinafter <br />called "Lafarge", whose address is 10170 Church Ranch Way, Suite 200, Westminster, CO <br />80021, and: <br />Blue Chip Oil, Inc. <br />155 E. Boardwalk Drive, Suite 400, Fort Collins, CO 80525 <br />Hereinafter referred to as the "Structure Owner". <br />The Colorado Mined Land Reclamation Act requires tilat landowners adjacent to a <br />proposed mining operation be informed about the mine and the reclamation. Further, the Act <br />provides protection for structures that are within 200 feet of a mining operation. <br />Lafarge submitted an application to the State of Colorado Division of Reclamation, <br />Mining and Safety for a 112 Reclamation Operation Pen-nit and an application to Weld County <br />for a Use by Special Review Permit for sand and gravel mining located within the east %z of the <br />southeast'/4 of. Section 25, T6N, R67W; the west/2 of the southwest'/4 of Section 30, T6N, <br />R66W; the northeast'/4 of Section 36, T6N, R67W; and the NW '/4 of Section 31, T6N, R66W of <br />the 6'h P.M., Weld County, Colorado. <br />The Structure Owner owns a pennanent manmade structure or structures within 200 feet <br />of the land affected by the mining and reclamation operations. The description of the structure(s) <br />is as follows: <br />Gas well and gas pipeline <br />Lafarge must attempt to obtain permission from Structure Owner in order to conduct <br />operations closer than 200 feet to the structures owned by th- Structure Owner. In addition, <br />Lafarge must commit to repairing, replacing, or compensating Structure Owner for any damage <br />that might be caused to its structure(s) by the mining operation of Lafarge at this site. <br />By this agreement, Structure Owner consents to Lafarge conducting mining operations up <br />to a 35 foot setback from Structure Owner's structure(s). Lafarge commits that, if its operation <br />causes damages to Structure Owner's structure(s) within 200 feet of said operations, Lafarge will <br />repair or replace such structure(s) or compensate Structure Owner for the value of said <br />structure(s). <br />Page I of 2