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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3D3) 8663567 <br />FAX: (303) 832$106 <br />Pemut Number: M-2004-042 <br />Type of Permit: 110c <br />Permit Date: August 30, 2004 <br />(Amliversary date for <br />annual report and fees <br />purposes) <br />COLORADO <br />DIVISION OF <br />MINESBALS <br />GEOLOGY <br />NECLAMATIDN•M INING <br />SA FETY•SCIEN<E <br />Bill Owens <br />Gavemor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />THIS PERMTI' is issued by the Mined Land Reclmation Board, Departnrerrt of Natural Resources, State of <br />Colorado. <br />A. The Permittee, Whinnery Constmction Co. LLC desires to conduct a mining operation lmown as Porco Pit, <br />for the purpose of extracting aggregate. Unless this pemlit is modified or a separate pemtit is issued to cover the mining and/or <br />recovery of other minerals or extractive products, the Pemuttee will not mine or recover any other commodities at this site. <br />B. On August 15, 2004 the Mined Land Reclamation Etoard (the "Board") approved the Pernrittee's application <br />for this pem»t, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the <br />Division of Minerals and Geology (the "Division") of performance warranty and financial warranty (or warranties) in the <br />amount so fined in form artcl substance approved by the Division. Said warranties have been Sled with the Division. <br />C. If the Pennittee desires to extract materials other than those listed in (A), a separate pemut or a pemut <br />modification may be required. <br />D. On August I5, 2004 the Board made the following findings: <br />1. The application for this pemut complies with the requirements of the Colorado Mined Land <br />Reclamation Act for the Extraction of Construction Materials, C.RS. 34-32.5-101 et sect., 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, and permanent <br />man-made stmcture located within two hundred feet of the Affected Land, except where there is an agrcement between the <br />Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the <br />Peruittee or if such an agreement cannot be reached, an engineering analysis establishes no damage will occur to the structure <br />to the satisfaction of the Division; and; <br />Office of Office of Colorado <br />Mined Land Reclamation Attive and Inactive Mines Geological Sun~ey <br />