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06032 Banks and Gesso, LLC <br />Exhibit O -Owner(s) of Record of Affected Land (Surface Area) and <br />Owner(s) of Substance to be Mined <br />The surface and subject parcel mineral rights are owned by The Denver Brick Company. <br />The undivided estate is subject to rights reserved in the original title, specifically, <br />reservation by the United States government in the relevant Homestead Act land patents <br />of rights to coal and the right to use and construct certain water-related features. Denver <br />Brick Company is the owner of both the affected land and the substance to be mined. <br />For the record, the noted patent reservations do not constitute a split mineral-surface <br />estate, and the fee title for the purposes of mineral development and the Construction <br />Materials Act is owned by the Applicant. As a consequence, oil and gas development <br />has not occurred on the site and no conflict should be anticipated with oil and gas <br />development in the future, with the Applicant exercising complete authority over any <br />potential interests. The United States did not transfer coal development rights to any <br />private party of record, nor is coal development economically feasible given the <br />application of modern assessment tools to coal resources in the region. <br />;~. <br />FE9 0 5 T/Ru1 <br />Di~~isinn n~ R. :i.„iaiioq <br />hiininy ar,~ Safely <br />The Denver Brick Company January 2007 <br />Kiowa Clay Mine Page 25 <br />