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s <br /> Structure Agreement <br /> This letter has been provided to you as the owner of a structure on or within two hundred <br /> (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and <br /> Safety("Division") requires that where a mining operation will adversely affect the stability of <br /> any significant,valuable, and permanent man-made structure located within two hundred (200) <br /> feet of the affected land,the Applicant shall either: <br /> a) Provide a notarized agreement between the Applicant and the Person(s) having an interest <br /> in thestructure, that the Applicant is to provide compensation for any damage to the structure; 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 activities <br /> 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 proposed, <br /> will have"no negative effect' on their utility. (Construction Materials Rule 6.3.12 and Rule <br /> 6.4.19&HardRocklMetal Mining Rule 6.3.12 and Rule 6.4.20) <br /> The Colorado Mined Land Reclamation Board("Board') has determined that this form, <br /> if 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 of <br /> ensuring compliance with theRules and Regulations and shall not make the Board or Division a <br /> necessary party to any private civil lawsuit to enforce the terms of the agreement or create any <br /> 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. Adjacent and south of WCR 394 fence. <br /> 2. <br /> 3. <br /> 4. <br /> H:\Pits HBP Plants\EVANS\Stiles Mining Resource\Exh S-Permanent Manmade Structures\Letter Structure Agreement Burkgren.doc <br />