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RIDER TO MINING PERMIT <br />Permit Date: May 26, 2008 <br />Permit No: C-1981-008 <br />The following additional stipulations form an integral part of the foregoing permit: <br />Stipulation No. <br />Description <br />16. Within 30 days following issuance of the final decision for <br />Permit Renewal No. 5, the permittee will submit a permit <br />revision application to the division that includes comprehensive <br />amendments to the site description and land use, vegetation <br />information, prime farmland investigation, revegetaton, <br />postmining land uses, and prime farmlands sections of the <br />permit application. At a minimum, the revision application will <br />substantively address all outstanding concerns identified by the <br />division in review letters and memoranda dated December 23, <br />2005, November 6, 2006, December 7, 2007, and January 14, <br />2008. <br />17. Unless the permittee demonstrates that some portion of the <br />107.96 acre area of presumed Prime Farmland on the Morgan <br />property within the permit area does not meet Prime Farmland <br />criteria based on one or more of the factors listed in Rule <br />2.04.12, the entire 107.96 acre area is considered prime <br />farmland in accordance with DRMS regulations, and will be <br />reclaimed as cropland in accordance with the requirements of <br />Rule 4.25. <br />ACCEPTED AND AGREED: DIVISION OF RECLAMATION, MINING & SAFETY <br />COLORADO DEPARTMENT OF <br />NATURAL RESOURCES <br />By <br />Operator Title Di isr n Di c - <br />AG Alpha No. NR LR TYB <br />AG File No. PNR/3928/JD <br />8