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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department a( Natural Resaurce~ <br />1317 Sherman $1., Roum 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: p03) 832-8106 <br />MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL <br />Permit Number: M-95-060 <br />Type of Permit: 112 <br />Permit Date: April 1, 1996 <br />(Anniversary date for <br />annual report and fees <br />purposes) <br />I~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES ~ <br />Roy Romer <br />Governor <br />~ame~S. LOChhead <br />Executive Director <br />Mich, el B. Long <br />Division Direuor <br />THIS PERMIT is issued by the Mined Land Reclamation Board, Department <br />of Natural Resources, State of Colorado. <br />RECITALS <br />A. Southway Construction Co. Inc. (the "Operator") desires to conduct <br />a mining operation known as Butcher Pit, for the purpose of extracting sand. <br />B. On January 22, 1996, the Mined Land Reclamation Board (the "Board") <br />approved the Operator's application for this permit, fixed the amount of the <br />financial warranty and directed that this permit be issued upon the filing <br />with the Division of Minerals and Geology (the "Division") of performance <br />warranty and financial warranty (or warranties) in the amount so fixed in form <br />and substance approved by the Division. Said warranties have been filed with <br />the Division. <br />C. On January 22, 1996, the Board made the following findings: <br />1. The application for this permit complies with the requirements <br />of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 et sec., as amended, and with all applicable <br />local, state and federal laws; <br />2. The operation will not adversely affect the stability of any <br />significant, valuable, and permanent man-made structure located within two <br />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 <br />to the structure is to be compensated for by the Operator; and <br />