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AGREEMENT TO MINE WITHIN 200 FEET <br />OF PERMANENT MAN-MADE STRUCTURES <br />THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc. <br />(AI), whose address is 1707 Cole Blvd., Golden, Colorado 80401, and Ogilvy Irrigation & Land <br />Company, of Greeley, Colorado, hereinafter referred to as "Structure Owner". <br />The Colorado Mined Land Reclamation Act provides protection for structures that are <br />within 200 feet of a mining operation. <br />Al is the operator of the East 8d' Street Operation under State of Colorado Division of <br />Reclamation, Mining and Safety Regular 112 Operation Permit M-2000-082, for sand and gravel <br />mining located within part of the South Half of Section 4 and part of the Northwest Quarter of <br />Section 9, all in T5N, R65W of the 6 h P.M., Weld County, Colorado. <br />Structure Owner owns a permanent man-made structure or structures within 200 feet of <br />the land affected by the mining and reclamation operations. The description of the structure(s) is <br />as follows: Ogilvie irrigation ditch as shown on the attached Exhibit D Mining Plan. <br />AI must obtain permission from Structure Owner in order to conduct operations closer <br />than 200 feet to the structures owned by Structure Owner. In addition, Al must commit to <br />repairing, replacing or compensating Structure Owner for any damage that might be caused to its <br />structure(s) by the mining operation of Al at this site. <br />By this agreement, Structure Owner authorizes Al, and acknowledges that authorization <br />has previously been verbally communicated to AI, to conduct mining operations within 200 feet <br />from Structure Owners' above-referenced structure(s). Al commits that, if its operation causes <br />damages to Structure Owner's structure(s) within 200 feet of said operations, Al will repair or <br />Pagel of 2