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0 20 <br /> VNn v;:DIVED <br /> FEB 2 7 2017 <br /> Structure Agreement Reclamation, <br /> A Safety <br /> This letter has been provided to you as the owner of a structure on or within two hundred <br /> (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and <br /> Safety ("Division") requires that where a mining operation will adversely affect the stability of <br /> any significant, valuable and permanent man-made structure located within two hundred (200) <br /> feet of the affected land, the Applicant shall either: <br /> (a) Provide a notarized agreement between the Applicant and the Person(s) <br /> having an interest in the structure, that the Applicant is to provide compensation for any <br /> damage to the structure; or <br /> (b) Where such an agreement cannot be reached, the Applicant shall provide <br /> an appropriate engineering evaluation that demonstrates that such structure shall not be <br /> damaged by activities occurring at the mining operation; or <br /> (c) Where such structure is a utility, the Applicant may supply a notarized <br /> letter, on utility letterhead, from the owner(s) of the utility that the mining and <br /> reclamation activities, as proposed, will have "no negative effect" on their utility. <br /> (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard RocklMetal Mining Rule <br /> 6.3.12 and Rule 6.4.20) <br /> The Colorado Mined Land Reclamation Board ("Board') has determined that this form, <br /> if properly executed, represents an agreement that complies with Construction Materials Rule <br /> 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard RocklMetal Mining <br /> Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose <br /> of ensuring compliance with the Rules and Regulations and shall not make the Board or Division <br /> a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any <br /> 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 /> Irrigation ditch <br /> CERTIFICATION <br /> The Applicant, Skoglund Excavating, Inc., by Ken Skoglund, as President, does hereby certify <br /> that Sustainable Water Resources, LLC shall be compensated for any damage from the proposed <br /> mining operation to the above listed structure located on or within 200 feet of the proposed <br /> affected area described within Exhibit A of the Reclamation Permit Application for the Cotton <br /> Creek Pit, File No. M-2013-054. <br /> 100534550.1) <br />