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n <br />u <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, Colorado A020J <br />Phone: (3031 8663567 <br />FAx: (3071 832-8106 <br /> <br />OF COLORADO <br />MINING AND RECLAMATION PERMIT - MINERALS OTHER THAN COAL <br />Permit Number: M-95-034 <br />Type of Permit: 110 <br />Permit Date: July 10, 1995 <br />(Anniversary date for <br />annual report and fees <br />purposes) <br />THIS PERMIT is issued by the Mined Land Reclamation Board, Department <br />of Natural Resources, State of Colorado. <br />RECITALS <br />A. Daniel M. Russell (the "Operator") desires to conduct a mining <br />operation known as Bachus Pit, for the purpose of extracting borrow material <br />for constructionand sand. <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />G overnur <br />lames 5. Lochhead <br />Exec Wivr Director <br />Michael B. Long <br />D rvnion Dlreclor <br />B. On June 16, 1995, the Mined Land Reclamation Board (the "Board") <br />approved the Operator's application for this permit, fixed the amount of the <br />financial warranty and directed that this permit be issued upon the filing <br />with the Division of Minerals and Geology (the "Division") of performance <br />warranty and financial warranty (or warranties) in the amount so fixed in form <br />and substance approved by the Division. Said warranties have been filed with <br />the Division. <br />C. On June 16, 1995, the Board made the following findings: <br />1. The application for this permit complies with the requirements <br />of the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sew., as <br />amended, and with all applicable local, state and federal laws; <br />2. The operation will not adversely affect the stability of any <br />significant, valuable, and permanent man-made structure located within two <br />hundred feet of the Affected Land, except where there is an agreement between <br />the Operator and the persons having an interest in the structure that damage <br />to the structure is to be compensated for by the Operator; and <br />