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Structure Agreement <br /> This letter has been provided to you, Bonanza Creek Energy Operating Company, LLC, as the <br /> owner of a structure on or within two hundred (200) feet of a proposed mine site.The State of <br /> Colorado,Division of Reclamation, Mining and Safety(`Division') requires that where a mining <br /> operation will adversely affect the stability of any significant,valuable,and permanent man-made <br /> structure located withintwo hundred(200)feetof 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 Applicantisto provide compensation forany damage to the <br /> 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 <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 <br /> 6.3.12 and Rule 6.4.19&Hard Rock/Metal Miring 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 the 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 the Hard Rock/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 have been located on,or within,200 feet of the proposed <br /> affected areas: <br /> • 8 wells(active or inactive)as described by Exhibit B <br /> CERTIFICATION <br /> The Applicant, Colorado Sand Company LLC,by David Patterson, Co-President,does hereby <br /> certify that Bonanza Creek Energy Operating Company,LLC shall be compensated for any <br /> damage from the proposed mining operation to the above structure(s)located on,or within,200 <br /> feet of the proposed affected area described within Exhibit A of the Reclamation Permit <br /> Application for the Kersey Mine. <br /> File Number M <br /> This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its <br /> authority under the Colorado Land Reclamation Act for the Extraction of Construction <br /> Materials and the Colorado Mined Land Act for Hard Rock,Metal,and Designated Mining <br /> Operations.Any alteration of modification to this form shall result in voiding this form. <br /> Structure Agreement <br /> Page 1 of 3 Kersey Mine 112 Reclamation Operation <br />