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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmenl of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 D I v 15 1 0 N O F Phone: (303) 866-3567 MINERAL 5 FAX: (3U3) 832-8106 bt GEOLOGY 0.ECLAHA710N MINING•SAFETY MINING AND RECLAMATION PERMIT CONSTRUCTION MATERIAL MINING OPERATIONS Permit Number: M-2001-035 Type of Permit: 112c Permit Date: September 19, 2001 (Anniversary date for annual report and fees PurP~) Bil I Owens Governor Greg E. lValc her Evecuevc Director Alichael R. Long Division Dvrclor THIS PERMIT is issued by the Mined Land Reclamation Board, Departrnerrt of Natural Resources, State of Colorado. RECITALS A. The Pernittee, ACA Products, Inc. desires to conduct a mining operation known as Trout Creek Pit, for the purpose of extracting borrow material for construction. The Pertnivee will not mine any secondary commodities at this site. B. On August 6, 2001 the Mined Land Reclamation Board (the "Board") approved the Permittee's apphcation for this permit, fixed the amount of the financial warranty and direded that this permit be issued upon the filing with the Division of Minerals and Geology (the "Division's of performance wararrty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. If the Pemtittce desires to extract materials other than those hsted in (A), a separate permit may be required. D. On August 6, 2001 the Board made the following findings: 1. The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Ad for the E>rradion of Construction Materials, C.R.S. 34-32.5-101 et sue., as am~rded, and with all applicable local, state and federal laws; 2. The operation will not adversely affect the stability of any significarm, valuable, and pemlanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreemerrt between the Operator and the persons having an interest in the structure that damage to the stmcture is to be compensated for by the PemTittee; and;