2017-05-25_REVISION - M1998058 - Laserfiche WebLink

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STRUCTURE AGREEMENT This agreement is entered into between Public Service Company of Colorado (Owner) and Oldcastle SW Group, Inc. dba United Companies, (the "Operator,") and is effective as of the date of last signature. Whereas the Operator has applied for or holds a Reclamation Permit for Tellier Pit, Permit No. M-1998-058, 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 Owner and of which the stability may be adversely affected by the mining operation, and the Operator is required by the Division to either: a) Provide a notarized agreement between the Operator and the Person(s) having an interest in the structure, that the Operator is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached,the Operator 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 Operator 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 Routt County, and is described within Exhibit A of the Reclamation Permit Application for Tellier Pit. Permit No. M-1998-058 and the Owner is the recorded owner of structures near that Site; and Whereas, the following structures are or may be located on or within 200 feet of the proposed affected area: 1. Natural Gas Pipeline Therefore, the Operator, Oldcastle SW Group, Inc. dba United Companies, by Peter J. Siegmund, as Assistant Secretary of Oldcastle SW Group, Inc. dba United Companies, does hereby certify that the Owner shall be compensated for any damage from the proposed mining operation to the above-listed structure(s) located on or within 200 feet of the affected area described above.