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l�r�I� -gas <br />STRUCTURE AND RIGHT -TO -ENTER AGREEMENT <br />This agreement is entered into between LMN Properties, (the "Landowner ") and Montezuma <br />County (Road Departmgntl (the "Operator, ") and is effective as of the date of last signature. <br />Whereas the Operator has applied for or holds a Reclamation Permit for M1990 -025 Hay Camp <br />Pit, and <br />Whereas the Operator is required, by the State of Colorado Division of Reclamation, Mining <br />and Safety ( "Division ") in accordance with Construction Materials Rule 6.3.7, as the Applicant <br />for a reclamation permit for extraction (mining) of construction materials, to provide a <br />description of the basis for legal right of entry to the site and to conduct mining and <br />reclamation, which may be done in the form of a signed statement by the Landowner and <br />acknowledged by a Notary Public, and, <br />Whereas there are significant, valuable and permanent man -made structures, as defined by <br />Construction Materials Rule 1.1(48) which are or may be located within two hundred feet of <br />the affected area (Construction Materials Rule 6.3.2.(b) and 6.3.12), which are owned by the <br />Landowner and of which the stability may be adversely affected by the mining operation, <br />and the Operator (as Applicant) is required by the Division to either: <br />a) Provide a notarized agreement between the Applicant (Operator) and the Person(s) <br />having an interest in the structure, that the Applicant is to provide compensation for <br />any damage to the structure; or <br />b) Where such an agreement cannot be reached, the Applicant shall provide an <br />appropriate engineering evaluation that demonstrates that such structure shall not be <br />damaged by activities occurring at the mining operation; or <br />c) Where such a structure is a utility, the Applicant may supply a notarized letter, on utility <br />letterhead, from the owner(s) of the utility that the mining and reclamation activities, as <br />proposed, will have "no negative effect" on their utility. (Construction Materials Rule <br />6.3.12 and Rule 6.4.1, and <br />Whereas, the Site is located within Montezuma County Parcel Number 5361 -182 -00014 , is <br />described within Exhibit A of the Reclamation Permit Application for M1990 -025, Hay Camp Pit, <br />and Landowner is the recorded owner of that Site; and <br />Whereas, the following structures are or may be located on or within 200 feet of the proposed <br />affected area: <br />1. Permanent oraveled roads and associated drainage structures, including those <br />constructed as part of mining and reclamation operations and to be left in place, <br />2. Fenceline within and on property boundaries, and <br />3. Any wells, water structures, pumps or pipelines which are or may be constructed. <br />LAST ITEM <br />SEP 13 2013 <br />®1 M�NIN� � 81= CLfi1 ®ry <br />AN© SAP <br />*Structure and Right to Enter Agreement, Page 1 of 3 pages, MCRD -LMN <br />