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The State Lease <br /> 7. The minerals reserved by the State of Colorado are managed by the Colorado State Land <br /> Board to provide economic benefits to public schools and public institutions in Colorado. <br /> 8. Toward that end, the State Land Board leased"sand, gravel and crushed stone"to Transit <br /> Mix. See Mining Lease No. 109924 from the State Board of Land Commissioners to Transit <br /> Mix Concrete Co. (April 14, 2016) (the"State Lease"), attached as Exhibit B.e <br /> 9. The State Lease grants to Transit Mix the"right and privilege of exploring and prospecting <br /> for, developing and mining of and taking of sand, gravel and crush stone minerals." 7 <br /> 10. The State Lease specifically grants to Transit Mix the"right to use as much of the surface as <br /> may be reasonably required, including the right to reasonable ingress and egress[and]the <br /> right to make excavations, stock piles, and other improvements as may be reasonably <br /> necessary in the mining and removing of said minerals.i8 <br /> 3. Analysis <br /> (a) The Lease issued by the State of Colorado is sufficient to establish that Transit <br /> Mix has the legal right to enter and conduct mining operations <br /> The Construction Materials Act requires the applicant for a reclamation permit to <br /> provide, as part of its permit application, "[t]he source of the applicant's legal right to enter and <br /> initiate a mining operation on the affected land."9 Transit Mix has the legal right to enter and conduct <br /> mining operations on the affected land pursuant to a mining lease from the State of Colorado. <br /> 6 Most of the leased land is in the same section (Section 16)subject to the Marsh Patent. The <br /> State Lease also includes land in Sections 21, 22 and 23 of T16S, R67W. <br /> State Lease, Recitals. <br /> 8 Id. This grant of surface use is subject to"the rights of surface lessees and surface owners." <br /> State Lease, §22. Transit Mix has entered into a suite of agreements with RMBC, the surface <br /> owner, to set out how Transit Mix and RMBC will manage surface use and mining. This <br /> arrangement is consistent with Section 22 of the State Lease. The surface access reserved by the <br /> State of Colorado in the Marsh Patent is senior to all other surface uses, including the Little Turkey <br /> Creek Road easement. The grant of surface use is also subject"to all existing easements and <br /> rights-of-way of third parties, as detailed on Exhibit A to this agreement." The easement for Little <br /> Turkey Creek Road is not set forth on Exhibit A to the State Lease. <br /> 9 Colo. Rev. Stat. § 34-32.5-112(i)(c)(IV). The Mineral Rules and Regulations of the Colorado <br /> Mined Land Reclamation Board for the Extraction of Construction Materials ("Construction Materials <br /> Regulations") provide a more detailed description of the materials to be included in the permit <br /> application. Rule 6.3.7 required an applicant to"[p]rovide a description of the basis for legal right of <br /> entry to the site and to conduct mining and reclamation, for Owners of Record described in Rule <br /> 1.6.2(1)(e)(i). This may be a copy of an access lease, deed, abstract of title, or a current tax receipt. <br /> A signed statement by the Landowner and acknowledged by a Notary Public stating that the <br /> Operator/Applicant has legal right to enter and mine is also acceptable." Rule 6.4.14 incorporates <br /> this rule for permits under Section 112 of the Construction Materials Act. The"Owners of Record"in <br /> Rule 1.6.2(1)(e)(i)are"all Owners of Record of the surface and mineral rights of the affected land <br /> 3 <br />