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/'/X <br />Structure A>;reement <br />This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of <br />a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ( "Division ") <br />requires that where a mining operation will adversely affect the stability of any significant, valuable and <br />permanent man -made structure located within two hundred (200) feet of the affected land, the <br />Applicant shall either: <br />a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in <br />the structure, that the Applicant is to provide compensation for any damage 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 activities <br />occurring at the mining operation; or <br />c) Where such 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 6.3.12 and <br />Rule 6.4.19 & Hard Rock /Metal Mining Rule 6.3.12 and Rule 6.4.20) <br />The Colorado Mined Land Reclamation Board ( "Board ") has determined that this form, if properly <br />executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule <br />6.4.19(a), and C.R.S. § 34- 32.5- 115(4)(e) and with Hard Rock /Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), <br />and C.R.S. § 34- 32- 115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and <br />Regulations and shall not make the Board or'Division a necessary party to any private civil lawsuit to <br />enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. <br />The following structures are located on or within 200 feet of the proposed affected area: <br />1. Residential housing structures <br />The Applicant, Martin Marietta Materials, Inc. does hereby certify that Melvin D. Everhart shall be <br />compensated for any damage from the proposed mining operation to the above listed structures <br />located within 200 feet of the proposed affected area described in Exhibit A, of the Greeley 35`h Avenue <br />Mine, File Number M- 1977 -036. <br />This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its <br />authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and <br />the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. <br />Any alteration or modification to this form shall result in voiding this form. <br />