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DAMAGE WAVIER AGREEMENT <br />This Agreement entered into by and between Rex M Hier 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 addressv.is 11 Austin Road Lamar, Prowers County, Colorado <br />81052; hereinafter .referred to as 'Hiner'; and <br />Xcel Energy 1500 6th Avenue Greeley, Weld County, Colorado 80631; hereinafter <br />referred to as. 'Structure Owner'. <br />The Colorado Mined Land Reclamation Act requires that landowners adjacent to a <br />proposed mining operation be infrmed about the mine and. the reclamation. Further, <br />the Act provides protection for structures that are within 200 feet of the mining <br />operation. <br />Hiner has submitted a Techanical 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 reclamation operations - the description of the structure <br />is as follows: <br />An overhead power line running along the north side of the access roadway to <br />the Greeley Pit. Said line provided electric to former mining batch plants <br />in past years. In the fall of 2009 Xcel Eenrgy did an electric relocation at <br />the expense of Hiner to move electric poles/lines/ect. back to the current <br />location which is past 200 feet of the proposed mining area. <br />Hiner would like 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 <br />its structure by the mining operation of Hiner at this site. <br />Agreed to this -3? day of August, 2010. <br />Rex M Hiner, President/Owner <br />R.M. Hiner Construction Company, Inc. <br />State of Colorado ) SS: <br />County of Prowers ) Sy <br />The foregoing instrument was acknowledged before me this 31 day of August, 2010 <br />by Rex M Hiner as President/Owner of R.M:Hiner Construction Company, Inc. <br />My Commission Expires: 42N'. ig Y _ <br />N6 ry Public <br /> <br />?ctu3;o?owner/Representative <br />State of Colorado ) SS: <br />County of Weld ) ST <br />The foregoing instrument was acknowledged before me this 4_ day of Augsut, 2010 <br />by XogN Scyyh7M as oBs%CNR..K of XCFL XNFRC f <br />My Commission Expires: 0,31AG 401a <br />otary Public