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EXHIBIT D <br />MINING PLAN <br />1. Applicant is Stephen H. Kinney, 207 N. Orchard, Farmington, NM 87401; Telephone: <br />505-325-4456. <br />The majority owner of mineral rights is Stephen H. Kinney. <br />The owners of the ORION PIT are the owners of the mineral rights. <br />Applicant reserves the right to operate the ORION PIT, including, but not limited to, as <br />an individual, a corporation (Colorado or other), a partnership, a principal and agent <br />using lease arrangements and/or operating agreements, farm-in/farmout, sale and tease <br />back or any other appropriate and legal business structure subject to full compliance <br />with The ACT (Colorado Mining and Reclamation Act) with respect to Financial and <br />Performance Warranties, Insurance, and Contractual Guarantees including Trust Fund, <br />Sinking Fund requirements established for the life of the ORION PIT providing far full <br />funding for reclamation costs available when and as needed. <br />2. The purpose of this plan is to produce gravel and sand and jobs for the area of Mancos, <br />Colorado. <br />3. Material produced at the ORION PIT will be offered for sale locally to contractors, State <br />of Colorado, County Road Departments and to private party buyers. <br />- 4. Mined area is to be 10 acres or less at any time. Target date for mining operations is <br />Summer 1995 and continuing for twenty years or more at an estimated rate of 80,000 <br />tons per year, depending on product demand, weather and factors related to permitting <br />of application. <br />5. The topsoil and overburden vary in depth from 3-5' and will be removed. Sand and <br />gravel vary in thickness from 10-15'. Depending on preliminary exploration for <br />resource reserves, mining will commence in the most suitable location for orderly <br />development and subsequent reclamation. Ore deposit will be mined [o its full depth. <br />Mancos Shale is the formation underlying the gravel deposit. <br />6. At the beginning of the operation, top soil and overburden will be removed an <br />segregated into individual piles. These piles will be stored away from the commercial <br />product stockpile and traffic areas. The soil will be mounded with side slopes not <br />exceeding 3:1, The soil or overburden stored in stockpiles will be planted with an <br />approved dry land seed mix. Vegetation of the stock piles is to control erosion. <br />7. Proposed buffer strips will be along Highway 160, County Roads "38", "G", and "H". <br />8. No overburden or topsoil will be removed until the beginning of a new area of <br />excavation. <br />9. No chemicals will be used to process this ore; no acid forming or toxic producing <br />materials will be used; and trash and refuse will be hauled [o the dump. <br />10. Gravel will be crushed, screened and washed on site using irrigation run-off water, if <br />approved. <br />11. Mining equipment, service areas, and employee parking will be located at the operating <br />site. <br />12. Fences will be constructed as required to control livestock. O O O ~ S <br />