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<br />-4- <br /> <br />As an authorized representative of the applicant, I hereby certify that the operation <br />described has met the minimum requirements of the following terms and conditions: <br />1. All necessary approvals from local government have been applied for <br />(Rule 3..2(1)(d)); <br />2. Theis entire mining operation will not extract more than 70,000 tons of <br />mineral„ overburden, or combination thereof in any calendar year (Rule 3.2 ); <br />3. This mining operation will not adversely affect the stability of any <br />significant, valuab]e and permanent man-made structure{s) located within <br />two hundred (200) feet of the affected lands. However, where there is an agreement <br />between the applicant/operator and the persons having an interest in the structure <br />that damage to the structure is to be compensated for by the applicant/operator <br />(C.R.S. 34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an <br />agreement must be submitted to the Division prior to the decision date. <br />4. No mining operation will be located on lands where such operations are <br />prohibil:ed by law (C.R.S. 34-32-115(4)(f)); <br />5. A:> the applicant/operator, I do not have any mining/prospecting operations in <br />this state of Colorado currently in violation of the provisions of the Mined Land <br />Reclamal;ion Act (C .R. S. 34-32-120) as determined through a Board finding. <br />6. I understand that statements in the application are being made under penalty <br />of perjury and that false statements made herein are punishable as a Class 1 <br />misdemeanor pursuant to Section 18-8-503, C.R.S. <br />Signed and dated this lscn day of June 199 <br />Kiow€. County, Colorado <br />Applicant/Operator <br />If Corporation Attest (Seal) <br />Title: Chairman, Board of Co my Commissioners GdRa xSB@IRd#~~PJkxQR~c$~t~~tfl~C~9~e <br />Tca~rj~idsyc/County Clerk <br />Stdte Of _Cio_lorado ) <br />) 55 <br />County Of Kiowa ) <br />The foregoing instrument was acknowledged before me this i5thday of ,Tune ~, <br />by Cardon Berry as Chairman Of Board of Count Co iss Hers <br />otar ublic <br />2821E (03/91) My Commission expires: ~ ~ //-_y~ <br />