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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY L�G� <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />PERFORMANCE WARRANTY <br />Operator: Lary H Inc <br />Operation: Bootleg Quarry <br />Permit Number: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />This form has been approved by the Mined Land Reclamation Board ( "Board') pursuant to <br />the Mined Land Reclamation Act (C.RS. § 34-32-101 gL sea,) ( "Hard Rock Act') and <br />associated Rules (2 C. C R. 407 -1) ( "Hard Rock Rules') and the Land Reclamation Act for the <br />Extraction of Construction Materials (C.R.S. § 34-32.5-.10.19 L sen) .( "Construction Materials <br />Act') and associated Rules (2 C. C.R 407 -4) ( "Construction Materials Rules'). Any alteration <br />or modification of this form without approval by the Board shall result in the performance <br />warranty being invalid and result in the voiding of any permit issued in conjunction with such <br />invalid performance 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, CAS. of the Hard <br />RockAct and 34-32.5-123, CRS. of Construction Materials Act <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34 -32 -101 et SeMc . (the <br />" Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, C.R.S. § 34- 32.5 -101 et M. (the "Construction Materials Act "), as <br />amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land <br />Reclamation Board (the 'Board ") receives a performance warranty consisting of the Operator's <br />written promise to comply with the requirements of the Hardrock or Construction Materials Act, <br />whichever is applicable. <br />WHEREAS, Lary H Inc (the "Operator "), has applied for a <br />permit to conduct a mining operation known as Bootleg Quarry <br />(the "Operation ") on certain lands in Adams County, Colorado. These <br />lands are described in the permit application, as amended and supplemented, and are referred to <br />herein as the "Affected Lands." <br />WHEREAS, in its application for the permit, the Operator has agreed to be bound by all <br />requirements of the Hardrock or Construction Materials Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Office of <br />Inactive Mines Active and <br />