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EXHIBIT 1 <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> IN THE MATTER OF BUTALA GRAVEL PIT, PERMIT No. M-1977-170. <br /> STIPULATED SETTLEMENT AGREEMENT BETWEEN THE DIVISION OF <br /> RECLAMATION,MINING,AND SAFETY AND BUTALA CONSTRUCTION <br /> COMPANY. <br /> THIS STIPULATED AGREEMENT ("Agreement") is made and entered into <br /> by and between the Colorado Division of Reclamation, Mining, and Safety <br /> ("Division" or "DRMS") and Butala Construction Company ("Butala Construction" <br /> or "Operator") (jointly as "Parties") regarding failure to comply with conditions of a <br /> Permit. Undersigned submit this Agreement for consideration by the Colorado <br /> Mined Land Reclamation Board ("Board"). In support of their Agreement, the <br /> Division and Butala state the following: <br /> Background Facts and Findings <br /> 1. Butala Construction Company is the operator of the Butala Gravel Pit ("Mine") <br /> and holder of Reclamation Permit No. M-1977-170 ("Permit"). The construction <br /> materials Mine is a permitted 112c surface operation located approximately 2 <br /> miles northwest of Salida, in Chafee County, Colorado. The mine includes a <br /> total of 84 permitted acres. <br /> 2. On February 9, 2023, the Division conducted an inspection of the Mine in <br /> response to notification by the U.S. Environmental Protection Agency ("EPA') of <br /> mining occurring within a restricted area. <br /> 3. Based on the Division's observation made on February 9, 2023, and a review of <br /> the Permit file, the Division has determined that Butala had mined in the <br /> Creosote Evaluation Area ("Mining Restricted Area" or"Area") in violation of <br /> Reclamation Permit No. M-1977-170. <br /> 4. The DRMS Permit depicts the extent of the Mining Restricted Area with a <br /> survey point, MRA 13, and a survey point with an associated monitoring well, <br /> KRMW 14. <br /> 5. The Operator states that mining within the Mining Restricted Area took place <br /> over about 18 days between about January and February 2021. <br /> 1 <br />