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STRUCTURE AGREEMENT <br />This agreement is entered into between County of Eagle, State of Colorado, by and Through Its Board <br />of County Commissioners ( "Landowner") and Oldcastle SW Group, Inc., ( "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 Chambers Pit, Permit No. <br />M 1980 -136, 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 the <br />affected area (Construction Materials Rule 6.3.2(b) and 6.3.12), which are owned by the Owner and <br />of which the stability may be adversely affected by the mining operation, and the Operator (as <br />Applicant) is required by the Division to either: <br />a) Provide a notarized agreement between the Applicant (Operator) and the Person(s) having <br />an interest in the structure, that the Applicant is to provide compensation for any damage <br />to the structure; or <br />b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate <br />engineering evaluation that demonstrates that such structure shall not be damaged by <br />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 Eagle County and is described within Exhibit A of the Reclamation <br />Permit Application for Chambers Pit, Permit No. M 1980 -136, and Landowner is the recorded owner of that <br />Site. <br />Whereas, the following structures are or may be located on or within 200 feet of the proposed <br />affected area: <br />1. Permanent graveled roads and associated drainage structures, including those constructed as <br />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 does hereby certify that the Landowner shall be compensated for any damage <br />from the mining operation to the above - listed structure(s) located on or within 200 feet of the affected area <br />described above. <br />COUNTY OF EAGLE, STATE OF COLORADO <br />BY AND THROUGH ITS BOARD OF, UN COMMISSIONERS <br />RECEIVED <br />13Y: <br />MAY 0 9 2014 Name: j <br />Title: /J� r// <br />®i,ri §i ®fl @f Red i .106ft, <br />Miffing & Safety <br />