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., <br /> hd <br /> RECEIVED <br /> .Gout YVi f ( ,fw�?w STRUCTURE AGREEMENT <br /> JUL 0 5 2011 <br /> �� i;loll of Reclamation, <br /> Mining&Safety <br /> This agreement is entered into between Public Service Company of Colorado (Owner) <br /> and Oldcastle SW Group, Inc. dba United Companies, (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 Tellier Pit, <br /> Permit No. M-1998-058, and <br /> Whereas there are significant, valuable and permanent man-made structures, as <br /> defined by Construction Materials Rule 1.1(48) which are or may be located within two hundred <br /> feet of the affected area (Construction Materials Rule 6.3.2(b) and 6.3.12), which are owned by <br /> the Owner and of which the stability may be adversely affected by the mining operation, and <br /> the Operator is required by the Division to either: <br /> a) Provide a notarized agreement between the Operator and the Person(s) having an <br /> interest in the structure, that the Operator is to provide compensation for any <br /> damage to the structure; or <br /> b) Where such an agreement cannot be reached, the Operator 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 Operator 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 Routt County, and is described within Exhibit A of the <br /> Reclamation Permit Application for TPIlier Pit. Permit No. M-1998-058 and the Owner is the <br /> recorded owner of structures near 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. Natural Gas Pipeline <br /> Therefore, the Operator, Oldcastle SW Group, Inc. dba United Companies, by Peter J. <br /> Siegmund, as Assistant Secretary of Oldcastle SW Group, Inc. dba United Companies, does <br /> hereby certify that the Owner shall be compensated for any damage from the proposed mining <br /> operation to the above-listed structure(s) located on or within 200 feet of the affected area <br /> described above. <br />