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S <br /> <br />Permit No. 78-170 <br />MINED LAND RECLAMATION BOARD <br />Department of Natural Resources <br />1313 Sherman Street, Room 723 Telephone: 839-3567 <br />Denver, Colorado 80203 <br />DEVELOPMENT AND ERTRACTION MINING PERMIT <br />THIS PER"1IT is .issued this 26 day of October, 1978 by the Mined Land <br />Reclamation Board, Department of Natural Resources, state of Colorado. <br />W I T N E S SET H <br />~1;RE~~ Delta County desires to conduct a(n) open minin <br />o station known as Ellison Pit for the open g <br />mined ~ sand and gravel ' Purpose of extracting <br />WHEREAS, on July 24 1978 ,DElta County "FILED" an appli- <br />cation, a reclamation plan and map, and the required fee, as required by law; and <br />WHEREAS, on October 26 1978 the Mined Land Reclamation Board approved <br />Delta County's application and set bond; and <br />WHEREAS, on October 26 1978 the Mined Land Reclamation Board accepted surety <br />submitted by Della County and such date shall be considered the <br />dace 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 application 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 ar. <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, <br />as amended (1976 Sess. Laws H.B. 1065); and <br />WHEREAS, for [he purposes of issuing this permit, the operator has made <br />a sari.;factory showing to the Board that he will employ during and after his <br />open mining operations procedures reasonably designed to miniaize <br />as pra:ticable the aisruption from the open mining operations and •~_;: <br />provide Eor the rehabilitation of the affected land through the rehabilitat!cn of <br />cover, soil stability, water.resources, and other measures appropriate to the <br />subseglent beneficial use of such mined and reclaimed lands; and t5 at in <br />the event of the failure of his proposed reclamation plan, he will take whatever <br />measures which may be necessary in order to assure the success of reclamation of <br />the lands affected by.his open mining operations; and, <br />WHEREAS, for the purposes of Issuing this permit, a copy of the application <br />approved by the "lined Land Reclamation Board of the State of Colorado is attached <br />to this permit and thereby becomes a part of the terms hereof. <br />as mutt <br />plant <br />SOW, THEREFORE, pursuant to the authority set Eor[h in the Colorado ?lined <br />Land Feclamation Act, Article 32 of TiCle 34, C.R.S. 1973, as amended, (1976 <br />Sess. Laws H.B. 1065) the !tined Land Reclamation Board of the State of Colorado <br />hereby issues a life of the mine permit to Della County to engage 1n <br />open mining for the purpose of extracting open <br />mined sand 6 Gravelvn the following parcel of ground, to wit: <br />A 9.9 acre tract contained in a portion of the NWT of Sec[ion22, Township <br />15 South, Range 95 West of [he 6th PM, Delta County, State of Colorado <br />