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<br /> <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. Hickenlooper, Governor | Robert Randall, Interim-Executive Director | Virginia Brannon, Director <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br /> <br /> <br /> <br /> <br /> <br />PERFORMANCE WARRANTY <br /> <br /> <br />Permittee: Tony J. Beltramo and Sons, Inc. <br /> <br />Operation: Cesar Pit <br /> <br />Permit No: M-1998-101 <br /> <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, <br />C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this <br />form, without approval by the Board shall result in the financial warranty being invalid and result in <br />the voiding of any permit issued in conjunction with such invalid financial warranty and subject the <br />operator to cease and desist orders and civil penalties for operating without a permit pursuant to <br />sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials. <br /> <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> <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 seq. (the "Act"), as amended, provides that no permit may be issued under the Act <br />until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) <br />that is a written promise to comply with all applicable requirements of the Act. <br /> <br /> WHEREAS, Tony J. Beltramo and Sons, Inc. (the "Permittee"), has applied for a permit to conduct <br />a mining operation known as Cesar Pit (the "Operation") on certain lands in Pueblo County, Colorado. <br />These lands are described in the permit application, as amended and supplemented, and are referred to <br />herein as the "Affected Lands". <br /> <br /> WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time to <br />time. <br /> <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 Pueblo County which are now or may become subject <br />to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which <br />may be amended from time to time to reflect revised estimates of said costs of reclamation.