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K jgJ9 _025' <br />STRUCTURE AGREEMENT <br />This agreement is entered into between McClellan, McClellan, & Nelsen, (the "Owner ") <br />and Montezuma County (Road Department) (the "Operator, ") and is effective as of the <br />date of last signature. <br />Whereas the Operator has applied for or holds a Reclamation Permit for M1990 -025 Hay <br />Camp Pit, and <br />Whereas there are significant, valuable and permanent man -made structures, as defined <br />by Construction Materials Rule 1.1(48) which are or may be located within two hundred <br />feet of the affected area (Construction Materials Rule 6.3.2.(b) and 6.3.12), which are <br />owned by the Owner and of which the stability may be adversely affected by the mining <br />operation, and the Operator (as Applicant) is required by the Division to either: <br />a) Provide a notarized agreement between the Applicant (Operator) and the <br />Person(s) having an interest in the structure, that the Applicant is to provide <br />compensation for 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 <br />be 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 <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed, will have "no negative effect" on their utility. (Construction <br />Materials Rule 6.3.12 and Rule 6.4.1, and <br />Whereas, the Site is located within Montezuma County Parcel Number 5361-118-200014 , is <br />described within Exhibit A of the Reclamation Permit Application for M1990 -025, Hay Camp <br />Pit, and Owner is the recorded owner of structures near that Site; and <br />Whereas, the following structures are or may be located on or within 200 feet of the <br />proposed affected area: <br />1. Permanent graveled roads and associated drainage structures, including those <br />constructed as part of mining and reclamation operations and to be left in place, and <br />2. Fenceline within and on property boundaries. <br />LAST ITEM <br />Therefore, the Operator (Applicant) Montezuma County, by Steve D. Chappell, as Chair, <br />Board of County Commissioners of Montezuma County, Colorado, does hereby certify that <br />the Owner shall be compensated for any damage from the proposed mining operation to <br />the above listed structures) located on or within 200 feet of the affected area described <br />above. <br />*Structure Agreement, Page 1 of 2 pages, MCRD -McMcN <br />