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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 MI&-4Z <br />Denver, Colorado 80203 /?/?((( D COLOR N o f <br />Phone: (303) 866-3567 q! J/) RECLAMATION <br />FAX: (303) 832-8106 go <br />MINING <br />SAFETY <br />MINING AND RECLAMATION PERMIT Bill Ritter, Jr. <br />Govemor <br />CONSTRUCTION MATERIAL MINING OPERATIONS James B. Martin <br />Executive Director <br />Permit Number: M-2010-002 <br />Type of Permit: 110c / <br />Permit Date: February 16, 2010 <br />(Anniversary date for <br />annual report and fees <br />purposes) <br />THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of <br />Colorado. <br />RECITALS <br />A. The Permittee, Wagner Rock LLC desires to conduct a mining operation known as Wagner Pit, for the <br />purpose of extracting Sand and gravel. Unless this permit is modified or a separate permit is issued to cover the mining <br />and/or recovery of other minerals or extractive products, the Permittee will not mine or recover any other commodities at <br />this site. <br />B. On February 16, 2010 the Mined Land Reclamation Board (the "Board") approved the Permittee's <br />application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the <br />filing with the Division of Reclamation, Mining and Safety (the "Division") of performance warranty and financial <br />warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have <br />been filed with the Division. <br />C. If the Permittee desires to extract materials other than those listed in (A), a separate permit or a permit <br />modification may be required. <br />D. On February 16, 2010 the Board made the following findings: <br />1. The application for this permit complies with the requirements of the Colorado Mined Land <br />Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seMc ., as amended, and with all <br />applicable local, state and federal laws; <br />2. The operation will not adversely affect the stability of any significant, valuable, and permanent <br />man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between <br />the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by <br />the Permittee or if such an agreement cannot be reached, an engineering analysis establishes no damage will occur to the <br />structure to the satisfaction of the Division; and; <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines