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r <br /> STATE OF COLORADO <br /> MINED LAND RECLAMATION DIVISION oF.co� <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 1$ <br /> Denver,CO 80203 ' <br /> 303 866-3567 *1876** <br /> FAX: 303 832-8106 <br /> Roy Romer, <br /> Governor <br /> Fred R.Banta, <br /> PERFORMANCE WARRANTY Division Director <br /> State of Colorado <br /> Operator: Parkerson Construction, Inc. Department of Natural Resources <br /> Division of Reclamation, Mining and Safety <br /> Operation: Orchard Grove Pit RELEASED ON: <br /> Permit No: M-90-094 <br /> KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32-101 <br /> et �ss�e�gg�. (the "Act" ) , as amended, provides that no permit may be issued under <br /> Tie-rct until the Mined Land Reclamation Board (the "Board") receives a <br /> performance warranty (or warranties) that is a written promise to comply with <br /> all applicable requirements of the Act. <br /> WHEREAS, Parkerson Construction, Inc. (the "Operator" ) , has applied <br /> for a permit to conduct a mining operation known as Orchard Grove Pit (the <br /> "Operation" ) on certain lands in Mesa County, Colorado. These lands are <br /> described in the permit application, as amended and supplemented, and are <br /> referred to herein as the "Affected Lands." <br /> WHEREAS, in its application for the permit, the Operator has agreed <br /> to be bound by all requirements of the Act and all applicable rules and <br /> regulations of the Board, as amended from time to time. <br /> WHEREAS, the Board has determined, in accordance with the Act, that <br /> the estimated costs of reclamation with regard to those affected lands in Mesa <br /> County which are now or may become subject to the permit are those amounts for <br /> the stated periods of time as set forth in the financial warranty, which may <br /> be amended from time to time to reflect revised estimates of said costs of <br /> reclamation. <br /> WHEREAS, the Operator hereby gives the Board a performance warranty <br /> pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br /> that it will comply with all applicable requirements of the Act with regard to <br /> those Affected Lands. <br /> NOW, THEREFORE, the Operator hereby promises the Board that it will <br /> comply with all applicable requirements of the Act and rules and regulations <br /> of the Board with respect to the Affected Lands. <br /> FURTHER, the Operator hereby promises the Board that it will comply <br /> with all of the terms of the application for a permit, as amended and <br /> supplemented, as well as any conditions attached to the permit by the Board. <br />