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<br />iii ~~iiiii~iiii~~~i ~ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparlmenl of Nalu ral Resources <br />1313 Sherman 51., Roum 215 <br />Denver, Colur, do BU'03 <br />Phone: 1303) 866-3567 <br />FAX: 13031 832 8106 <br />MINING AND RECLAMATION PERMIT <br />CONSTRUCTION MATERIAL MINING OPERATIONS <br />Permit Number: M-97-011 <br />Type of Permit: 112c <br />Permit Date: July 9, 1997 <br />(Anniversary date for <br />annual report and fees <br />purposes) <br />~~ <br />DEPARTMEM" OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5 Lochhead <br />E~eculive Director <br />Michael B. Lnng <br />Division Director <br />THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural <br />Resources, State of Colorado. <br />RECITALS <br />A. The Permittee, Baculite Mesa LLC desires to conduct a mining operation known <br />as Baculite Mesa Pit, for the purpose of extracting sand and gravel, sand and gravel, sand and <br />gravel, sand and gravel, and sand and gravel. In addition to the primary cotttmodity(ies), only <br />minor amounts of N/A will be mined or removed. <br />B. On May 15, 1997 the Mined Land Reclamation Board (the "Board") approved the <br />Permittee's application for this permit, fixed the amount of the fmancial warranty and directed that <br />this permit be issued upon the filing with the Division of Minerals and Geology (the "Division") <br />of performance warranty and financial warranty (or warranties) in the amount so fixed in form and <br />substance approved by the Division. Said warranties have been filed with the Division. <br />C. If the Permittee desires to extract materials other than those listed in (A), a separate <br />permit may be required. <br />D. On May 15, 1997 the Board made the following findings: <br />1. The application for this permit complies with the requirements of the Colorado <br />Mined Land Reclamation Act, 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 significant, valuable, <br />and permanent man-made structure located within two hundred feet of the Affected Land, except <br />where there is an agreement between the Operator and the persons having an interest in the <br />structure that damage to the structure is to be compensated for by the Permittee; and; <br />