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DAMAGE WAVIER AGREEMENT <br />This Agreement entered into by and between Rex M Hiner, d/b/a R.M.Hiner Construction <br />Company, Inc. whose site address is: 2220 0 Street Greeley, Weld County, Colorado <br />80631 and whose mailing address is: 11 Austin Road Lamar, Prowers County, Colorado <br />81052; hereinafter referred to as 'Hiner'; and <br />DCP Midstream (.formerly Duke Energy) 3026 4th Avenue Greeley, Weld County, Colorado <br />80631; hereinafter referred to as 'Structure Owner'. <br />The Colorado Mined Land Reclamation Act requires thht landowners adjacent to a proposed <br />mining operation be informed about the mine and the reclamation. Further, the Act <br />preovides protection for structures that are within 200 feet of a mining operation. <br />Hiner has submitted a Technical Revision to the State of Colorado Division of <br />Reclamation, Mining, and Safety for the Greeley Pit, DRMS file No. M-1977-151 <br />The Structure Owner owns a permanent manmade structure within 300 feet of the land <br />affected by the mining and reclammation operations. The description of the structure <br />is as follows: fW <br />Strong 6-31 gas well 41 pipeline leaving well site going east to Hiner's east property <br />line. <br />Hiner would like to receive permission by this signed Agreement from Structure Owner <br />to mine no closer than 200 feet of the structure and Hiner commits to repairing, <br />replacing, or compensating Structure owner for any damage that might be caused to its <br />structure by the mining operation of Hiner at this site. <br />Agreed to this day of August, 2010. <br />R.M.Hiner Construction Company Inc. <br />ZM-2??? <br />Rex M Hiner, esident/Owner <br />State of Colorado ) SS: <br />County of Prowers ) <br />The foregoing instrument was acknowledged before me this ji) -day of August, 2010 <br />by Rex M Hiner as President/Owner of R.M.Hiner Constru ion Company, Inc. <br />My Commission Expires: _ 1 / ?2 Z/?3 - ?:- <br />I <br />-f, otary Public <br />Structure Owner/Representative <br />.? ' zz <br />Structure Owner/Representative <br />State of Colorado ) SS: <br />County of Weld ) 64 The foregoing instrument was acknowledged before me this day of August,2Q10 <br />by as ?a„•., ??+ I of /.? c/ •+-?. e s a...,.._ - <br />Gl .?xJ <br />My Commission Expires: ?_~ ??? <br />Notary Public <br /> bURRICARLSON <br /> NOTARY PUBLIC <br /> ?" tg OF COLORADO <br /> sKpir#w March 02, 2013