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w,aooiO <br />RIGHT -TO -ENTER AND STRUCTURE AGREEMENT <br />This agreement is entered into between Pasquale Varra (the "Landowner") and Oldcastle SW <br />Group, Inc., dba United Companies of Mesa County (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 M-2001-113 Sea Horse <br />Ranch West Gravel Pit, and <br />Whereas the Operator is required, by the State of Colorado Division of Reclamation, Mining and <br />Safety ("Division") in accordance with construction Materials Rule 6.3.7, as the Applicant for a <br />reclamation permit for extraction (mining) of construction materials, to provide a description of <br />the basis for legal right of entry to the site and to conduct mining and reclamation, which may <br />be done in the form of a signed statement by the Landowner and acknowledged by a Notary <br />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 the <br />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, and <br />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 <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 Gunnison County and is described within Exhibit A of the <br />Reclamation Permit Application for M-2001-113 Sea Horse Ranch West Gravel Pit, and <br />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 graveled 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 RECEIVED <br />'AUG 17 2015 <br />Mr4 nv 4 'nafety <br />