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AGREEMENT TO MINE WITHIN 200 FEET <br />OF PERMANENT MANMADE STRUCTURES <br />THIS AGREEMENT, entered into by and between Lafarge West, Inc., hereinafter <br />called "Lafarge", whose address is 11409 Business Park Circle, Suite 200, Longmont, CO <br />80504, and: <br />The Boyd Irrigation Company <br />1100 10ih Street, Suite 300, Greeley, CO 80631 <br />Hereinafter referred to as the "Structure Owner". <br />The Colorado Mined Land Reclamation Act requires that landowners adjacent to a <br />proposed mining operation be informed about the mine and the reclamation. Further, the Act <br />provides protection for structures that are within 200 feet of a mining operation. <br />Lafarge will be submitting an application to the State of Colorado Division of <br />Reclamation, Mining and Safety for a 112 Reclamation Permit and an application to Weld <br />County for a Use by Special Review Permit for the Iverson Mine, a sand and gravel mining <br />operation to be located within Section 34, Townshio 6 Nortli, Ranee 66West of the 66' P.M., <br />Weld County, Colorado. <br />The Structure Owner owns a permanent manmade structure or structures within 200 feet <br />of the land affected by the mining and reclamation operations. The description of the structure(s) <br />is as follows: <br />Boyd and Freeman Ditch <br />Lafarge must attempt to obtain permission from Structure Owner in order to conduct <br />operations closer than 200 feet to the structures owned by the Structure Owner. In addition, <br />Lafarge must full and adequately t++-4 -&repairiog, replacer, or compensate+tig Structure <br />Owner for any damage that might be caused to its structure. includin€ any and atI interference csf <br />operations, by the mining operation of Lafarge at this site. <br />By this agreement, Structure Owner consents to Lafarge conducting mining operations <br />less than 200 feet from Structure Owner's structure(s). Lafarge commits that, if its operation <br />causes damages to Structure Owner's structure(s) within 200 feet of said operations, Lafarge will <br />frilly and ad cu iteirepair or replace such structure or conitensate Structure Owner for the <br />value of said structure, as well as an' danta, resultine from the loss of irritation water, as well <br />as am", lost that nil ht. he sustained by an shareholder of the Corn .any as a resin of darna es <br />and any and all interference or difficulty with operations of the Boyd and Freeman Ditch or its <br />related structures and/car ic ;ui anent. All re airs or re lacements will occur within 12 haurs of <br />cawing danaa?e or within a tirneframe rnutuall y a g r ed ti on b both .arti i writin . T e <br />Boyd Irrigation Conipar ki in its sole discretion will decide whether the damaged <br />s ru,ture will be re airet', re ed or if the Comr,n uillbe cont,ensateclfor thedan7ar?c €3 <br />Page I of 3