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2011-07-07_PERMIT FILE - M2011036 (2)
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2011-07-07_PERMIT FILE - M2011036 (2)
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Last modified
8/24/2016 4:35:25 PM
Creation date
7/13/2011 10:48:56 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2011036
IBM Index Class Name
PERMIT FILE
Doc Date
7/7/2011
Doc Name
New 112c permit application
From
Moffat County
To
DRMS
Email Name
DMC
Media Type
D
Archive
No
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form of, but not limited to, interest, fees, fines, and /or lease cancellation. A penalty schedule shall be prepared by <br />Permitter and shall become effective immediately after public notice. Said schedule may be changed from time to <br />time after such notice. <br />10. ASSIGNMENT -- Permittee, only with written consent of Permitter, may assign this lease as to the leasehold <br />interest of such Permittee in all or part of the lands covered hereby; not less, however, than tracts of approximately <br />forty (40) acres or governmental lots corresponding to a quarter- quarter section for any partial assignment. <br />No assignment of undivided interests or retention or reservation of overriding royalties will be recognized or <br />approved by Permitter, and the effect, if any, of any such assignments or reservations will be strictly and only as <br />between the parties thereto and outside the terms of this lease. No dispute between parties to any assignment or <br />reservation shall operate to relieve Permittee from performance of any terms or conditions hereof or to postpone the <br />time therefor. Permitter will at all tunes be entitled to look solely to Permittee or his assignee shown on Permitter's <br />books as being sole owner hereof, and for the sending of all notices required by this lease, for the performance of all <br />terms and conditions hereof. <br />If an assignment of a part of this lease is approved, a new lease designated as an assignment will be issued <br />to the assignee covering the lands assigned for the balance of the term of the base lease on the mining lease form in <br />use at the time of assignment and limited as to term as said lease is limited. The assignor. will be released and <br />discharged from all further obligations for such lands assigned, as if the same had never been a part of this lease. <br />11. ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Permitter shall be 10% of <br />the value of any consideration tendered to Assignor by Assignee for the assignment. Divulgence of the value of <br />these considerations shall be mandatory, in affidavit form, which form shall be presented to Permitter along with the <br />other assignment instruments in order to obtain Permitter's approval for the assignment. An assignment does not <br />constitute a new lease but is a continuation of the base lease. Any attempt to withhold this information shall be <br />construed as an attempt to defraud the State of Colorado and shall render this lease null, void and nonexistent, and <br />all moneys paid to Permitter shall be forfeited to Permitter. In addition, the current statutory fees will be paid at the <br />time the assignment record form is submitted. <br />12. WEIGHTS AND MEASUREMENTS <br />WEIGI -ITS -- It is agreed that all ores, minerals and other materials mined and taken from the leased premises shall <br />be weighed and assayed and the weight and assay thereof shall be entered in due form in weight and assay records <br />kept for such purposes by Permittee. <br />Ton means 2000 pounds. Ton shall be determined by official Colorado State certified scales or other <br />methods approved by Permitter. <br />MEASUREMENTS — It is agreed that all ores, minerals and other materials mined and taken from the leased <br />premises shall be recorded b the counting of truckloads for mine run material and by the volume measurement of <br />stockpiles of washed material and shall be entered in due form in records kept for such purposes by Permittee. <br />Yard shall mean loose cubic yard after extraction from the pit and before washing unless otherwise stated. <br />If yard is measured in the pit it shall be bank cubic yard and adjusted with an appropriate bulking factor. <br />13. STEWARDSHIP TRUST STIPULATION -- Permitter shall specify certain stipulations with respect to use of the <br />surface if said surface is included in the Stewardship Trust prior to the issuance of this Lease. <br />14. MINING METHODS -- Only mining methods that will insure the extraction of the greatest possible amount of <br />minerals consistent within the laws and with prevailing good mining practice shall be used. <br />15. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Permitter for approval by <br />Permitter before such operations begin. These plans will include, but not be limited to, location of additional roads, <br />location of access points to the Leased Premises, and location of any cattle guards or gates. These plans shall include <br />provisions for control of weeds. The State Land Board's Northwest District Manager shall approve all locations <br />that may impact wildlife before mining plans are submitted to the Director for approval. <br />16. ENVIRONMENTAL ANALYSIS -- Permitter may require that Permittee submit an environmental analysis for <br />approval by Permitter before any exploration or mining begins. <br />17. RECLAMATION -- Permittee shall submit all plans for restoration and reclamation of leased premises to Permitter <br />for Permitter's approval before submitting the appropriate permit or permits pursuant to the Colorado Mined Land <br />Reclamation Act 34 -32 -101 ET SEO., C.R.S. 1973 as amended. Rules and regulations as set forth by the Division <br />of Minerals and Geology for recovery and restoration of mined land will apply where applicable to the Leased <br />Premises. Variations from the reclamation plan as originally submitted to the Board for approval may be granted <br />only with the written approval of Permitter. <br />E->4i -A1 ai 1 -- N <br />Page 3 of 6 <br />
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