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CMS 62167 <br /> EXHIBIT D—DEVELOPMENT PLAN <br /> Note: this document is developed by Lessee, and negotiated and accepted by Lessor,prior to entering into this <br /> Lease. Minimum inclusions are as follows. <br /> l. All requirements of applications for permits under the rules and regulations promulgated by the Mined <br /> Land Reclamation Board of the Colorado Department of Natural Resources("MLRB"),including,but not <br /> limited to,the Reclamation Plan requirements identified in MLRB rule. <br /> 2. Identification of all activities pursuant to this Lease required prior to Commercial Operation. Most critical <br /> of these are measures to establish compliance with local,state,and federal governmental requirements <br /> AND a Construction Materials assay of the Leased Premises. establishine the Commercial Value gfthe <br /> Leased Premises. This assay may be limited to the type and quantity of Construction Materials projected <br /> as available on the Leased Premises. <br /> 3. A description of all operations at the Leased Premises to occur over the Lease Term,including mining <br /> practices to be used. <br /> 4. Specifically address the following: <br /> A. Visual barriers that will be put in place,and their effect <br /> B. Overburden(including soils and topsoils)protection(storage and reuse);Lessee shall segregate <br /> soils and topsoil from Overburden at all times. Soils and topsoil shall not be intermixed with <br /> Overburden as part of any plan of reclamation. <br /> C. Maintenance of current uses(irrigation ditches,county roads,existing casementstlicenses,etc.). <br /> D. Plan for maintaining historic water use. <br /> E. Maintaining surface and ground water quality. <br /> F. Continuing support for wildlife. <br /> G. Dust control(s). <br /> H. Impacts on and improvements to roads and bridges. <br /> I. Impacts and maintenance of historic structures. <br /> 5. Projected water use and water source,including its related plan for augmentation and the consulting <br /> engineer's opinion of non-injury. <br /> 6. Reclamation plan and schedule. <br /> 7. Proposed final beneficial use of the Leased Premises after restoration/reciamation is completed. Include an <br /> estimate of the associated cost to effect this beneficial use unless water is provided by a public utility. <br /> 8. A schedule of for all activities(by month and year). <br /> 9. Leased Premises and anticipated expansion graphic,for the areas described in Exhibit A and Exhibit B to <br /> this Lease,indicating locations of operations and anticipated development path of the mining activities. <br /> 10. Projections of shipped Construction Materials,over time,by type,and projected Royalties to be paid to <br /> Lessor. <br /> The remainder of this page intentionally left blank. <br /> Exhibit D-1 <br /> N — kL <br />