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STRUCTURE AGREEMENT <br />This agreement is entered into between Schmidt Ranch Partnership, LLP and Gypsum Ranch Co. <br />LLC ( "collectively the Landowner") and Oldcastle SW Group, Inc. (the "Operator,) and is effective as of <br />the date of the last signature. <br />Whereas the Operator has applied for or holds a Reclamation Permit for Gypsum Ranch Pit, <br />Permit No. M- 1998 -014, and <br />Whereas there are significant, valuable and permanent man -made structures, as defined by <br />Construction Materials Rule 1.1(48) which are or may be located within two hundred feet of the <br />affected area (Construction Materials Rule 6.3.2(b) and 6.3.12), which are owned by the Landowner <br />and of which the stability may be adversely affected by the mining operation, and the Operator (as <br />Applicant) is required by the Division to provide a notarized agreement between the Applicant <br />(Operator) and the Person(s) having an interest in the structure, that the Applicant is to provide <br />compensation for any damage to the structure; <br />Whereas, the Site is located within Eagle County and is described within Exhibit A of the <br />Reclamation Permit Application for Gypsum Ranch Pit, Permit No. M- 1998 -014, and the Landowner is <br />the recorded owner of structures near that Site; and <br />Whereas, the following structures are or may be located on or within 200 feet of the proposed <br />affected area: <br />1. Permanent graveled roads and associated drainage structures, including those constructed as <br />part of mining and reclamation operations and to be left in place, and <br />2. Fenceline within and on property boundaries. <br />LAST ITEM <br />Therefore, the Operator (Applicant) , Oldcastle SW Group, Inc., by Peter J. Siegmund, as Vice <br />President of Oldcastle SW Group, Inc., does hereby certify that the Owner shall be compensated for <br />any damage from the proposed mining operation to the above - listed structure(s) located on or within <br />200 feet of the affected area described above. <br />OLD ST GROU , INC. <br />By <br />Peter J. iegmun <br />Vice President <br />RECEIVED <br />MAY 062014 <br />!1 wi0i0f9QWC Clamaelm', <br />Safety, <br />SCHMIDT RANCH P RT RSHIP, LLP <br />Signed: <br />Name: Af C <br />Title: <br />GYPSUM RANCH O. LLC <br />Signed: <br />Name 3ag <br />Title <br />