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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />MINING AND RECLAMATION PERMIT <br />CONSTRUCTION MATERIAL MINING OPERATIONS <br />Permit Number: <br />Type of Permit: <br />Permit Date: <br />M-2005-012 <br />112c <br />January 10, 2007 <br />(Anniversary date for <br />annual report and fees <br />purposes) <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- Sc- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division DIfeCIOr <br />Natural Resource Trustee <br />THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of <br />Colorado. <br />RECITALS <br />A. The Permittee, Nick H. Gmy desires to conduct a mining operation known as Gray Pit #2, for the <br />purpose of extracting sand and gravel. Unless this permit is modified or a separate permit is issued to cover the mining <br />and/or recovery of other minerals or extractive products, the Permittee will not mine or recover any other commodities at <br />this site. <br />B. On August 22, 2005 the Mined Land Reclamation Boazd (the "Board") approved the Permittee's <br />application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the <br />filing with the Division of Reclamation, Mining and Safety (the "Division") of performance warranty and financial <br />warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have <br />been filed with the Division. <br />C. If the Permittee desires to extract materials other than those listed in (A), a sepazate permit or a permit <br />modification maybe required. <br />D. On August 22, 2005 the Board made the following findings: <br />1. The application for this permit complies with the requirements of the Colorado Mined Land <br />Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et sec., as amended, and with all <br />applicable local, state and federal laws; <br />2. The operation will not adversely affect the stability of any significant, valuable, and permanent <br />man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between <br />the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by <br />the Permittee or if such an agreement cannot be reached, an engineering analysis establishes no damage will occur to the <br />structure to the satisfaction of the Division; and; <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />