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} , <br /> Structure Agreement <br /> This letter has been provided to you as the owner of a structure on or within two hundred(200)feet <br /> 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 the <br /> affected land,the Applicant shall either: <br /> a) Provide a notarized agreement between the Applicant and the Person(s)having an interest in <br /> the structure,that the Applicant is to provide compensation for any damage to the structure; <br /> or <br /> b) 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 <br /> 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 6.3.12 <br /> 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 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 Division a necessary party to any <br /> private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in <br /> the Board or the Division. <br /> The following structures are located on or within 200 feet of the proposed disturbed area: <br /> 1. Brighton Ditch. Oldcastle SW Group, Inc. confirms its agreement of the Setback <br /> Agreement acknowledged by the President of the Brighton Ditch Company on June 15, <br /> 2005. <br /> 2. <br /> 3. <br /> (Please list additional structures on a separate page) <br />