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S-3 <br /> Structure Agreement <br /> This letter has been provided to you as the owner of a structure on or within two hundred (200) <br /> feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety <br /> ("Division") requires that where a mining operation will adversely affect the stability of any <br /> significant, valuable and permanent man-made structure located within two hundred (200)feet of <br /> the affected land, the Applicant shall either: <br /> A. Provide a notarized agreement between the Applicant and the Person(s) having an <br /> interest in the structure, that the Applicant is to provide compensation for any damage to <br /> 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 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 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 <br /> 6.3.12 and 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 <br /> 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 Rock/Metal 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 <br /> Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or <br /> 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. Barbed Wire Fence <br /> Keenesburg No. 2 Mine—Reclamation Operation—November 22, 2019 <br />