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Because the Covenant was executed after the mining permit was issued,the county does <br /> not have the discretion to require that CEMEX stop mining by December 31, 2021;the right <br /> to mine until September 30, 2022 is inviolate. Pursuant to the Covenant, however,the <br /> county cannot agree to extend mining any further,so September 30,2022 is the date when <br /> mining must cease.The Covenant prevents Boulder County from extending that deadline <br /> further or from amending the Option Agreement and lease, which were recorded on July <br /> 17, 2002 at Reception No. 2309598 and 2308607,respectively,as would be required for an <br /> extension of the mining permit to be granted. <br /> Accordingly, please make plans to abide by this deadline and note the approval provides <br /> that all post-mining reclamation must be completed within three years of completion of <br /> the mining phase. Because you may need additional guidance for implementing other <br /> aspects of your intentions for use of CEMEX's property, I am still willing to hold the pre-app <br /> as scheduled. I will plan on seeing you then, unless you would prefer to cancel or delay it. <br /> lase, <br /> ICP <br /> Director <br /> (303)441-3930 <br /> Attachments: <br /> A. Resolution 94-81 <br /> B. September 30,1997 letter <br /> C. Covenant Reception Number 2308595 <br /> D. Option agreement Reception Number 2308598 <br /> E. Lease agreement reception number 2308607 <br />