2009-12-17_PERMIT FILE - M2009082 (2)

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r AGREEMENT TO MINE WITHIN 200 TWEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT, entered into by and between Lafarge West, Inc., hereinafter called "Lafarge ", whose address is 10170 Church Ranch Way, Suite 200, Westminster, CO 80021, and: Noble.Energy Production, Inc. 1625 Broadway, Suite 2000, Denver, CO 80004 ,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; 1he Act provides protection for structures that are within 200 feet of a mining operation. Lafarge submitted an application' to the State of Colorado Division of'Reclamation, Mining and Safety-for a 112 Reclamation Operation Permit and an application to Weld County fora Use by Special Review Permit for sand and gravel mining located within the east'/s of the southeast' / 'of Section 25, T6N, R67W; the west !4 of the southwest % of Section 30, T6N, R66W; the northeast '!4,of Section 36, T6N, R67W; and the NW'/ of Section 31, WN, R66W of the 6" P.M, Weld, County, Colorado. The Structure Owner owns a,permanent. manmade structure or structures within 200 feet of the land affected by the mirupg and reclamation operations. The description of the structure(s) is as follows: Fenced petroleum tanks, gas wells, gas pipelines, roads 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 for any damage that nnight be caused to its structures) by the mining operation of Lafarge at this site. By this agreement; Structure Owner consents to Lafarge conducting mining operations, including setbacks, in conformance with the executed Compatible Develop ent an _.d Surface Use Agreement between Lafarge West, Inc. and Noble Energy, fnc. dated Lafarge commits that, if its operation causes damages to Structure Owner's structures) within 200 feet of said operations, .Lafarge will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). Pagel of 2