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~i <br />' - <br />1313 Sherman Street, Room 723 <br />Denver, Colorado 80203 <br />?FINED LA.`ID RECLA.`IATION BOA <br />Department of Natural Resources <br />III'lllll'll"II III <br />s9s <br />Permit No. 80-3 <br />Telephcne: 839-3567 <br />DEVELOP~IENT~AND EXTRACTION MINING PERMIT <br />THIS PERPIIT is issued this 24th day of January, 1980 by the :lined Land <br />Reclamation Board, Department of Natural Resources, State of Colorado. <br />W ITN E S S E T H <br />WHEREAS, Colorado Div. of Highways desires to conduct a(n) open pit mining <br />operation, known as MCNULTY CINDER PIT , for the purpose of extracting open pit <br />mined lava cinders, -' <br />WHEREAS, on January 8 1980 Colorado Division of Highways "FILED" an <br />application,a reclamation plan and map, and the required fee, as required by law; and <br />WHEREAS, on January 23 1980 the Mined Land Reclamation Board approved <br />Colorado Division of Highways. application and set bond; and <br />WHEREAS, on January 23 1980 the Mined Land Reclamation Board accepted <br />surety submitted by Colorado Division of Highways and such date shall be considered the <br />date of issuance of the permit and the anniversary date For all other purposes; and <br />WHEREAS, the Mined Land Reclamation Board has made a finding, for the purposes <br />of issuing this permit, that: <br />1) the appllcatioa complies with the requirements of the Colorado <br />Mined Land Reclamation Act and all applicable local, state and <br />Federal laws; and, <br />2) the operation will not adversely affect the stability of any <br />significant, valuable, and permanent man-made structures located <br />within two hundred feet of the affected land, except where there <br />is an agreement between the operator and the persons having an <br />interest in the structure that damage to the structure is to be <br />compensated for by the operator; and, <br />3) the proposed mining operations and reclamation can be carried out <br />in conformance with the requirements of C.R.S. 1973, 34-32-116, as <br />amended (1976 Sess. Laws H.B. 1065); and <br />WHEREAS, for the purposes of issuing this pernit, the operator has made a <br />satisfactory showing to the Board that he will employ during and after his <br />open pit mining operations procedures reasonably designed to minimize <br />as much as practicable the disruption from the open pit mining operations <br />and will provide for the rehabilitation of the affected land through the rehabilitation <br />of plant cover, soil stability, water resources, and other measures appropriate to the <br />subsequent beneficial use of such mined and reclaimed lands; and that in the event <br />of the failure of his proposed reclamation plan, he will take whatever measures which <br />may be necessary in order to assure the success of reclamation of the lands affected <br />by his open pit mining operations; and, <br />WHEREAS, for the purposes of issuing this permit, a copy of the application <br />approved by the Mined Land Reclamation Board of the State of Colorado is attached <br />to this permit and thereby becomes a part of the terms hereof. <br />NOW, THEREFORE, pursuant to the authority set forth in the Colorado ?tined <br />Land Reclamation Act, Article 32 of Title 34, C.R.S. 1973, as amended, (1976 <br />Sess. Laws H.B. 1065) the Mined Land Reclamation Board of the State of Colorado <br />hereby issues a life of Che mine permit to Colorado Division of Hwys. to engage <br />in open pit mining far the purpose of extracting open pit <br />mined lava cinders on [he follocaing parcel of ground, to wit: <br />Part of the NW%,,NEZ, Section 9, T7S,R87id of the 6th P.M., in Eagle <br />County. <br />