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HomeMy WebLinkAboutC14-182 Old Castle SW Group Structure Agreement STRUCTURE AGREEMENT This agreement is entered into between County of Eagle, State of Colorado, by and Through Its Board of County Commissioners ("Landowner") and Oldcastle SW Group, Inc., ( "Operator,") and is effective as of the date of last signature. Whereas the Operator has applied for or holds a Reclamation Permit for Chambers Pit, Permit No. M 1980-136, and Whereas there are significant, valuable and permanent man-made structures, as defined by Construction Materials Rule 1.1(48) which are or may be located within two hundred feet of the affected area (Construction Materials Rule 6.3.2(b) and 6.3.12), which are owned by the Owner and of which the stability may be adversely affected by the mining operation, and the Operator (as Applicant) is required by the Division to either: a) Provide a notarized agreement between the Applicant (Operator) 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 a 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 6.4.1, and Whereas,the Site is located within Eagle County and is described within Exhibit A of the Reclamation Permit Application for Chambers Pit, Permit No. M 1980-136, and Landowner is the recorded owner of that Site. Whereas, the following structures are or may be located on or within 200 feet of the proposed affected area: 1. Permanent graveled roads and associated drainage structures, including those constructed as part of mining and reclamation operations and to be left in place, and 2. Fenceline within and on property boundaries. LAST ITEM Therefore,the Operator does hereby certify that the Landowner shall be compensated for any damage from the mining operation to the above-listed structure(s) located on or within 200 feet of the affected area described above. COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUN COMMISSIONERS BY Name: Jill 46_0 Title: Cha-e'll'ha 1) 4 OLDCASTLE SW GROUP, INC. BY: Name:" PeterJ iegmund -- Title: Vice Pr-sident n NOTARY FOR LANDOWNER n State of �,QUI `0 )ss. County of 11 ) The foregoing was acknowledged before me this 2'Z A day of1t� ,2014, by 1 tit( as C1{Mfz/A/ley\ of County of Eagle,State of Colorado, by and Through Its Board of County Commissioners. My commission expires: 92/A 1 C DEB O" Y r G 1-j L' `/0 A,ank(k. NOTARY PUBLIC STATE OF COLORADO Notary Public MY COMMISSION EXPIRES 3/24/2015 6)//2/e0(0 NOTARY FOR OPERATOR State of ) • )ss. County of /l°Sq ). �QI The foregoing was acknowledged before me this S` A day of Affi ,2014, by 7 e-tf►' S �r �' Mua■ [ as Oi•(ce Pf",e s tctenrt— of Oldcastle SW Group, Inc. My commission expires: ) 6- J GENEVIEVE M. . - .AGO Y�• ki M BLECHA Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19914003259 My Commission Expires April 4,2015