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MINING PLAN Exhibit D -AMENDMENT 3 DEFINITIONS AND LIST OF REQUIREMENTS STATED IN THIS MINING PLAN Fully understanding the following definitions is important to effectively and efficiently implementing the Mining Plan. After the definitions is a list of the specific requirements that are also stated in the Mining Plan for this operation. Also included is the page number in the Mining Plan where the requirement is stated and where more information can be obtained regarding that requirement. This list can be used as a table of contents to the most important elements of the mining plan or it can be used as a summary or as a reminder sheet of the various requirements. In nearly all cases, if you turn to the page in the Mining Plan where the requirement is stated you will find additional discussion that explains why the requirement exists and some discussion of how to implement or comply with the requirement. DEFINITIONS APPLICABLE TO THIS PLAN: Permit Boundary - The land contained in the permit. This boundary is the same as the lease boundary. Absolutely no disturbances can be made outside the permit boundary without prior approval. Affected Land Boundary - The land that may potentially be disturbed in some way as a part of this mining operation. Land may not be affected beyond this boundary without a permit change being approved first. Bonded Land Boundary - The land specifically covered by the approved bond. No additional disturbance may occur beyond this boundary without first adding more bonded land. Bonded Land Boundary may not include land outside the Affected Land Boundary without first expanding the Affected Land Boundary through a permit change. All land that is actually disturbed at any one time as a part of conducting the mining operation, including roads, processing facilities, and stockpile areas must be bonded and included within the Bonded Land Boundary. Noxious Weed - means an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria: (a) Aggressively invades or is detrimental to economic crops or native plant communities; (b) Is poisonous to livestock; (c) Is a carrier of detrimental insects, diseases, or parasites; (d) The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems. (NOTE: This definition is derived from Colorado Noxious Weed Act C.R.S. 35-5.5-103(16)) Non-noxious Weed - Generally includes non-native species of plants that grow in high abundance and may temporarily limit the growth of more desirable species through competition for growth Coal Creek Sand Resource Amendment 3 (2005) - M-1988-044 Exhibit D Page 1