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HOLCIM <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 interest in <br /> the structure,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 <br /> proposed,will have"no negative effect"on their utility. (Construction Materials Rule 6.3.12 and <br /> Rule 6.4.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) <br /> The Colorado Mined Land Reclamation Board rBoard')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 Rule <br /> 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 the Rules 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. Power Lines owned by Black Hills Energy <br /> CERTIFICATION <br /> The Applicant, Tezak Heavy Equipment, LLC,a wholly-owned subsidiary of Holcim-WCR, Inc., <br /> by Ian Johnston, as CFO/North America, does hereby certify that Black Hills Energy shall <br /> be compensated for any damage from the proposed mining operation to the above listed <br /> structure(s)located on or within 200 feet of the proposed affected area described within Exhibit <br /> A, of the Reclamation Permit Application T.H.E. Aggregate Source Tunnel Drive, File Number M- <br /> 1977-193. <br /> Holcim US,1687 Cole Blvd.,Suite 300,Golden,CO 80401 <br /> Phone 303 85-1070,www_holdm.com 1/3 <br />