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<br />defaults that Andesite has committed to date. <br />3) If Andesite deems proper reclamation to be unprofitable, it can, <br />under the lease terms, terminate its operation. The Landowner can then <br />either find a new lessee or can forego the royalty payments. <br />The Landowner, therefore, requests that the Operator be directed to <br />prepare a new application in which the South St. Vrain bottom land be <br />reclaimed as hay meadow. At the same time the Board should direct Andesite <br />to answer the Landowner's Interrogatories dated November 9, 1983 which have <br />still not been answered. <br />The Landowner also requests that the Board consider the following <br />objections to the application as presently constituted: <br />1. The "created roads" should be reclaimed. They are presently <br />outside the permit area. See Reclamation Plan Map. <br />2. Exhibit C: "As an area is mined out, reclamation will commence <br />prior to commencing mining operations in the next area of activity, and he <br />prosecuted to completion with diligence." <br />3. No mining be allowed in areas 3 and 4 until Landowner agrees, in <br />writing, to new road construction for haul roads to access those areas, as is <br />required by lease paragraph 4. Modification of the footbridge to support <br />vehicles is also considered by Landowner as new road construction. <br />4. Stockpiling locations must be agreed to in writing by Landowner <br />under the lease (see lease paragraph 11.) The presently designated areas <br />are not acceptable. <br />5. Andesite should pay the Landowner for any topsoil or overburden <br />used in reclamation, as the lease only gave Andesite the right to mine <br />"aggregate." Lease paragraph 2. <br />-3- <br />