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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 as more particularly described on Exhibit A attached hereto and made <br /> a part hereof by reference. The State of Colorado, Division of Reclamation, Mining and Safety <br /> (the "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 /> Provide a notarized agreement between the Applicant and the Person(s) having an interest in the <br /> structure, that the Applicant is to provide compensation for any damage to the structure; or <br /> Where such an agreement cannot be reached, the Applicant shall provide an appropriate <br /> engineering evaluation that demonstrates that such structure shall not be damaged by activities <br /> occurring at the mining operation; or <br /> Where such structure is a utility,the Applicant may supply a notarized letter, on utility letterhead, <br /> from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have <br /> "no negative effect"on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19&Hard <br /> RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) <br /> The Colorado Mined Reclamation Board(the "Board) has determined that this form, if properly <br /> executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),Rule <br /> 6.4.19(a), and C.R.S. §34-32.5-115(4)(e) and with hard Rock/Metal Mining Rule 6.3.12(a), Rule <br /> 6.4.20(a), and C.R.S. §34-32-115(4)(d). This form is for the sole purpose of ensuring compliance <br /> with the Rules and Regulations and shall not make the Board or the Division a necessary party to <br /> any private civil lawsuit to enforce the terms of the agreement or create any enforcement <br /> obligations in the Board or the Division. <br /> The following structures are located on or within 200 feet of the proposed affected area: <br /> Overhead electric distribution lines as more particularly described on Exhibit A. <br /> The Applicant, Kelley Trucking, Inc., by Cal Kelley , as V.P. , <br /> does hereby certify that Public Service Company of Colorado, a Colorado corporation hereinafter <br /> referred to as"PSCO,"shall be compensated pursuant to the Compensation Agreement,hereinafter <br /> referred to as Exhibit B, for any damage from the proposed mining operation to the above listed <br /> structures located within 200 feet of the proposed affected area described on Exhibit A. <br /> This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land <br /> Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any subsequent alteration or <br /> modification to this form,other than as set forth herein,shall result in voiding this form. <br /> 1 <br /> November 2017 <br />