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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman St. Room 215 <br /> Denver, CO 80203 <br /> PERFORMANCE WARRANTY <br /> Operator: Phillips County <br /> Operation: Ward Pit <br /> Permit No: M-2003-024 <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 Reclamation <br /> Act for the Extraction of Construction Materials. Any alteration or modification of this form, without <br /> approval by the Board shall result in the financial warranty being invalid and result in the voiding of <br /> anv permit issued in conjunction with such invalid financial warranty and subject the operator to cease <br /> and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, <br /> C.R.S.,of the Mined Land Reclamation Act and 34-32.5-123,C.R.S.,of the Colorado Land Reclamation <br /> Act for the Extraction of 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 se . (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 seed. (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 /> WHEREAS, Phillips County (the "Operator"), has applied for a permit to conduct a mining <br /> operation known as Ward Pit(the "Operation")on certain lands in Phillips County,Colorado. These lands <br /> are described in the permit application, as amended and supplemented, and are referred to herein as the <br /> "Affected Lands". <br /> WHEREAS, in its application for the permit, the Operator 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 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 Phillips 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. <br /> of•cow. <br /> .4 <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P(303)866-3567 F " rn O'` <br /> John W. Hickenlooper,Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director � <br />