2014-02-25_REVISION - M1996082 (8)

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STRUCTURE AND RIGHT -TO -ENTER AGREEMENT This agreement is entered into between Carroll Davidson Partnership, Ltd. (dba Davidson Yellow Jacket Ranch, Ltd., (the "Landowner ") and Oldcastle SW Group, Inc., (the "Operator, ") and is effective as of the date of last signature. Whereas the Operator has applied for or holds a Reclamation Permit for M1996 -082 Blair Mesa Pit, and Whereas the Operator is required, by the State of Colorado Division of Reclamation, Mining and Safety ( "Division ") in accordance with construction Materials Rule 6.3.7, as the Applicant for a reclamation permit for extraction (mining) of construction materials, to provide a description of the basis for legal right of entry to the site and to conduct mining and reclamation, which may be done in the form of a signed statement by the Landowner and acknowledged by a Notary Public, and Whereas there are significant, valuable and permanent man -made structures, as defined by Construction Materials Rule 1.1(48) which are or may be located within two hundred feet of the affected area (Construction Materials Rule 6.3.2(b) and 6.3.12), which are owned by the Landowner and of which the stability may be adversely affected by the mining operation, and the Operator (as Applicant) is required by the Division to either: a) Provide a notarized agreement between the Applicant (Operator) and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such a structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.1, and Whereas, the Site is located within Rio Blanco County and is described within Exhibit A of the Reclamation Permit Application for M1996 -082, Blair Mesa Pit, and Landowner is the recorded owner of that Site; and Whereas, the following structures are or may be located on or within 200 feet of the proposed affected area: 1. Permanent graveled roads and associated drainage structures, including those constructed as part of mining and reclamation operations and to be left in place, 2. Fenceline within and on property boundaries, and 3. Any wells, water structures, pumps or pipelines which are or maybe constructed. LAST ITEM RECEIVED FEB 2 4 2014 Division of