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MINING PLAN ~ • EXHIBIT D (coNT.l <br />area included a topsoil pile on the north side of the permit <br />boundary and a spoil pile on the west side. <br />Colorado Refractories Corp. was acquired by Adience, Inc. in <br />1990. The purchase included the clay lease (#2274/16) on the I60 <br />acres, but did not include the minerals' lease (~QR3038) on <br />Section 36. The sale did not include the right to mine minerals <br />since that was retained by Ferd A. & Jeanne C. Mueller, as <br />evidenced in the lease document. Under that sale is was under- <br />stood by the parties that Siloam Stone was allowed to remove the <br />stone from over the clay deposit. This helped Adience, who could <br />then remove the clay without the expense of removing approxi- <br />mately 12 feet of overburden. <br />In 1995, the State Land Board sold or traded the surface <br />rights on Section 36 to Red Creek Ranch, inc., but retained the <br />mineral rights for the entire section. This sale included the <br />area over the clay lease held by Adience, Inc. and the mineral <br />lease held by Ferd A. Mueller. At that time the new surface <br />owners contacted the Division of Minerals and Geology to find out <br />the status of the mining operation. This and other conditions <br />set off a sequence of events that resulted in Adience and Siloam <br />Stone being found in violation of mining outside the permit area. <br />The Mined Land Reclamation Board ordered both parties to resolve <br />the problems by obtaining permits covering the disturbed areas. <br />This application is intended to bring Ferd A. Mueller dba Siloam <br />Stone into compliance with the Board order. <br />CURRENT CONDITIONS <br />MAP EXHIBIT C, shows the outline of the affected lands/permit <br />area, the permit boundaries of the Adience Mine, the Mueller <br />Mine, the touching landowners within 200 feet of the facility, <br />current topography, hydrologic and surface features of the <br />property. The site is part of a large parcel of land that was <br />originally owned by the Colorado Land Board. The site contains <br />two other mining operations that are now active. The Siloam <br />Stone - Mueller Mine is a Special Operation (111) (M-97-018) <br />stone mine that we currently operate. The stone from this mine <br />is sent to Breckenridge, Colorado to fill a contract we currently <br />have. The other mine is a Limited impact 110 mine operated by <br />Adience, Inc. where clay is being mined (M-77-326). Review of <br />the maps will show the relationship of this proposed mine with <br />the ones noted above. <br />5 <br />