1999-06-15_PERMIT FILE - M1999069

• Permit No: M1999069
• IBM Index Class Name: Permit File
• Doc Date: 6/15/1999
• Doc Name: CONSTRUCTION MATERIALS REGULAR OPERATION RECLAMATION PERMIT APPLICATION FORM
• Media Type: D
• Archive: No

(h) The reclamation plan to the Leased Premises shall
provide that all pits be refilled, using slack lime deposits or
other soil, suitable for growing the existing pasture grass, and
to include a minimum of a top layer of top soil at a minimum
depth of 3 k� feet . To the extent there is insufficient top soil
from the Leased Premises to obtain a upper level of 3 ',� feet,
Lessee shall be entitled to import other top soil, the quality of
which is reasonably acceptable to Lessor. The top soil stock
piled from the Leased Premises shall be placed on top of other
fill material, and the surface shall be graded level .
6. PAYMENT. The initial royalty payment shall be payable
the earlier of 120 days after issuance by the Colorado Division
of Minerals and Geology of a mining permit for Lessee' s operation
on the Leased Premises or Lessee' s commencement of mining
operations, (the "Commencement Date") . Lessee agrees, subject to
the exceptions hereafter set forth, that in each twelve month
period measured by the anniversary of the Commencement Date
("Lease Year") , Lessee shall remove from the Leased Premises no
less than 200, 000 tons of Saleable Material, if there is
available on the Leased Premises in each such Lease Year that
amount of Saleable Material which is commercially reasonably
available for extraction by Lessee . Materials shall not be
deemed available for extraction by Lessee unless it is removable
pursuant to the terms and conditions of any permits received by
Lessee for the removal of materials . Lessee' s obligation for
such removal shall also be reduced prorata for any period of time
in which Lessee is unable to perform full extraction activities
due to flooding or severe weather, or for interruption of
operations due to strikes, civil disorder, casualty affecting
Lessee' s equipment or governmental or court action affecting
extraction activities . If during a Lease Year there is
sufficient commercially reasonably available Saleable Material
for extraction by Lessee to meet the minimum extraction
requirement of 200, 000 tons per year, and none of the exceptions
above set forth apply, then Lessee shall nonetheless be required
to pay to Lessor a sum sufficient to result in total royalty
payments to Lessor for such Lease Year of 200, 000 tons of
material, in the relative proportions of materials for which
royalties were actually paid during such Lease Year, and at the
average sales prices of such materials for such Lease Year. The
term "Lease Year" as used herein shall mean twelve months from
anniversary date to anniversary date of the Commencement Date.
7 . RECORDS AND REPORTS. The Lessee shall keep records and
furnish reports to the Lessor as follows :
(a) The Lessee agrees to keep an accurate record of all
materials removed from the Leased Premises and all sales thereof,
and the Lessor shall have the right at all reasonable times to
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