2019-02-13_REVISION - M2000077 (6)

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i STATE, OF COLORADO � DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 D I V I S I O N O Denver,Colorado 80203 Phone:(303)866-3567 M I N E RA L FAX:(303)832-8106 & GEOLOG RECLAMATIOP PERFORMANCE WARRANTY IM I N I N G-S A F E T 1 Bill Owens Governor Greg E.Watcher Executive Director PK ENTERPRISES INC. Michael B.Long Operator: Division Director Operation: MULE CREEK PIT, 112C Decision Letter Permit No: File Number M-2000-077 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.RS. 34-32.5-101 et sea. (the "Act"), as amended, provides that no permit may be issued under the Act -ntil the r tined Land Reclamation Board(the"Board")receives a performance warranty(or warranties)that is a written promise to comply with all applicable requirements of the Act. WHEREAS, PK Enterprises Inc. (the "Operator"), has applied for a permit to conduct a mining operation known as Mule Creek Pit, 112C Decision Letter (the "Operation")on certain lands in Tel I P-r County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. ` WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of C reclamation with regard to those affected lands in Teller County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty,which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will f comply with all applicable requirements of the Act with regard to those Affected Lands.