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<br /> <br />' sand, gravel, and related products from the Frazier Property, and for general access to [he Frazier <br />Properh~. In planning its mining activities on the Frazier Property', Delta Paving shall consult with <br />Lessor in order to develop a layout of the pit area which will be satisfactory to Lessor. Delta Paving <br />shall also consult with Lessor in developine a reclamation plan for the Frazier Property. Lessor <br />agrees that any layout of the pi[ area must be such that it will allow Delta Pavine to economically <br />mine sand, gravel; and related products from the Frazier Property, and that any reclamation plan <br />' developed for the Frazier Property must be economically feasible and generally consistent with <br />' reclamation plans adopted for other similar pits in the Delta Counh~ area. <br />2. Delta Paving shall proceed with due diligence to apply for all govemmental permits <br />' and approvals necessary to conduct its operations on the Frazier Property under [his lease. Such <br />' permits and approvals include, without limitation, a mining pern~it from Colorado Division of <br />Minerals and Geology ('"DMG"), a well permit from the Colorado Slate Engineer (see Paragraph 5, <br />below), water rights and/or an augmenta[io^ plan adjudicated by the water court (see Paragraph 5, <br />' below), a state highway access permit, a flood plain permit, a discharge permit, and an emissions <br />' permit. [f any of [hese permits or approvals shall be denied or not granted within twelve months <br />from the execution date of this lease (as set forth in the introductory paragraph), then this lease shall <br />' terminate and be of no further force and effect. If al] of the permits and approvals are granted within <br />' s[ICh twelve month period, the term of this lease shall commence upon the date of issuance of the <br />last of such permits or approvals to be iss[[ed or granted. Delta Paving shall have the privilege of <br />' access to the Frazier Property prior to the commencement of the lease term for the purpose of <br />' performing the work necessary to apply for and obtain the permits and approvals referred to above. <br />' D^MnM.GlPIPE'~FRAZIER'.GRAVLEnS.vS '~' <br /> <br />