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EXHIBIT D <br />Mining Terms and Conditions <br />Grantor has reserved all minerals and mineral rights at, on, and underlying the Property <br />' (including, without limitation, clay, sand, gravel, and other alluvial deposits) located above those <br />portions of the bedrock formation which are necessary to serve as the "floor" of the lined Cells <br />(but expressly excluding coal, oil, gas, or other hydrocarbons except to the extent that the same <br />may be incidentally within the alluvial deposits), and the right to extract said minerals in <br />accordance with the following terms and conditions: <br />I . The right to extract said minerals shall include, but is not limited to, clay, sand, gravel, <br />and other alluvial deposits exploration, mining, extraction, processing, stockpiling, and/or <br />other ancillary activities (collectively "Extraction Activities "). To facilitate and <br />' accommodate such Extraction Activities, Grantor shall have the right to use all of the <br />subsurface of the Property, and so much of the surface of the Property as is necessary to <br />permit the full enjoyment of the Extraction Activities. Without limiting the foregoing, <br />Grantor shall have the right to clear overburden, brush, and undergrowth from the <br />Property as may reasonably be necessary and shall be entitled to make use of any <br />roadways presently existing on the Property and to build additional roads as may <br />reasonably be necessary. <br />2. All Extraction Activities shall be conducted in a careful, good and workmanlike <br />' professional manner and, at a minimum, in accordance with prevailing mining industry <br />standards, and in accordance with all applicable laws, rules and regulations, and the terms <br />and conditions of any bonds or permits issued or required in connection therewith. In <br />addition: <br />' a. Grantor will not generally be allowed to conduct mining activity in the Cell in <br />which water is actively being stored, but such mining activity may be conducted <br />(upon the request of Grantor, the fee owner of the Property, and /or the owner(s) of <br />water storage rights in the Cell(s)) so long as the potential water quality impacts <br />are addressed and the additional costs associated with such mining activities are <br />equitably allocated among the affected parties; <br />b. If Grantor desires to relocate water from one Cell to another (to accommodate <br />mining activity) said relocation shall be done at Grantor's cost and in cooperation <br />' with the fee owner of the Property; <br />C. Grantor will maintain the lateral and subj acent support for the slurry walls in <br />' connection with the Extraction Activities as reasonably recommended by a <br />professional engineer registered in Colorado selected by mutual agreement of <br />Grantor and the fee owner of the Property ("Engineer"); <br />r.%dmO rmunWmea Mkc& -a a pmpary) 8 <br />