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• =J <br />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 Colorado Department of <br />Transportation (CDOT), whose address is 4201.E. Arkansas Avenue, Denver, Colorado 80222, <br />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 8 h 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" 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: Highway 263 and associated right-of-way. <br />Al 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 and reclamation operations of AI at this site. AI has filed multiple <br />mining and reclamation options for the site which are dependent upon decisions to be made by <br />land owner Greeley Urban Renewal Authority (GURA). <br />By this agreement, Structure Owner authorizes Al to conduct operations associated with <br />mining and reclamation of the site within 200 feet of Structure Owners' above-referenced <br />structure(s) as follows: <br />The final reclamation of the site will be either open groundwater ponds or lined reservoir <br />storage, dependent upon the decision of land owner Greeley Urban Renewal Authority (GURA). <br />In accordance with the lease agreement between GURA and Al, Al will not mine closer than <br />200-feet to the property boundary, including the CDOT right-of-way, until GURA makes the <br />reclamation decision. Prior to mining closer than 200-feet to CDOT's right-of-way, Aggregate <br />will coordinate with CDOT regarding any slope revetment that may be appropriate to the <br />proposed reclaimed land form. Temporary stockpiling of material may occur to a minimum 25- <br />foot setback from the right-of-way; however no permanent stockpiles shall be located closer than <br />50-feet from the right-of-way. <br />Al commits that, if its operation causes damages to Structure Owner's structure(s) within <br />Page 1 of 2