2019-11-18_REVISION - M2003003 - Laserfiche WebLink

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l RECEIVED Nov 18 2019 Structure(Indemnity)Agreement QM ON OF RECLAMATION MINING&SAFETY Whereas, Durango PTR Properties, LLC , c/o Mr. Robert P.Johson, 744 Lake Durango Drive, Durango, Colorado 81303 ("Structure Owner") is(or is believed to be)the owner(in whole or part)of a significant manmade structure on or within two hundred (200)feet of the affected area and/or permit boundary of the Amzak Pit, File Number M-2003-003, ("Operation"),specifically the following(structure/structures): 1. Fencing,gates,and access roads (driveways) 2. Compound,formerly a natural gas transmission facility, immediately east of County Road 136 Whereas,the State of Colorado, Division of Reclamation, Mining and Safety("Division") requires that where a mining operation may adversely affect the stability of any significant,valuable and permanent man-made structure located within two hundred (200)feet of the affected land,the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure,that the Applicant is to provide compensation for any damage to the structure;or b) Where such an agreement cannot be reached,the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation;or c)Where such structure is a utility,the Applicant may supply a notarized letter,on utility letterhead,from the owner(s)of the utility that the mining and reclamation activities,as proposed, will have"no negative effect"on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19); Whereas,the Colorado Mined Land Reclamation Board ("Board") has determined that no agreement, even though executed properly and in compliance with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. §34-32.5-115(4)(e),shall make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division; and Whereas,the Structure Owner owns,wholly or in part,a structure listed above which is wholly or in part located on or.within 200 feet of the boundary of the Amzak Pit, Therefore, Richardson Construction and Kemple Excavation Joint Venture, (the"Applicant/Operator"), by Craig Kemble(print representative's name),as general partner(print representative's title), does hereby certify that the Structure Owner shall be compensated for any damage from the mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A,of the Reclamation Permit Application for the Operation; based on the condition of those structure(s)as established at or before the date of this agreement by photography or an written evaluation and report by a qualified professional, and Therefore,the Structure Owner acknowledges that the presence of any and all structures which are located on the Applicant/Operator's property and which the Structure Owner owns in whole or in part, does not establish any property rights on any part of the above-identified parcel,or any right to enter the above-identified parcel for any purpose, unless those rights are established in a legal agreement (such as an easement agreement)separate from this agreement. Structure Agreement, RCKEJV and Durango PTR Properties Page 1 of 2