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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />PERFORMANCE WARRANTY <br />Operator: Huerfano County <br />Operation: Lone Tree Pit <br />Permit No: M- 2014 -034 <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34 -32 -117, C.R.S., of <br />the Mined Land Reclamation Act and 34- 32.5 -117, C.R.S., of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34 -32 -123, C.R.S., of the Mined Land <br />Reclamation Act and 34- 32.5 -123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34 -32 -101 et seq. (the "Act "), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34- 32.5 -101 et seMc . (the "Act "), as amended, provides that no permit may be issued under the Act until the <br />Mined Land Reclamation Board (the 'Board ") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Huerfano County (the "Operator "), has applied for a permit to conduct a mining operation <br />known as Peak View Pit (the "Operation ") on certain lands in Huerfano County, Colorado. These lands are <br />described in the permit application, as amended and supplemented, and are referred to herein as the "Affected <br />Lands ". <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Huerfano County which are now or may become subject to the <br />permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.CO.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director <br />F CO� <br />1876 <br />