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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />4313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832-8106 <br />STATE OP COLORADO <br />PERFORMANCE 'WARRANTY <br />Operator: ft tewaterawiding Matedais Cotporeunn, Lcolaffio corporation <br />operation: Gunnison Rtver Gravel bits <br />Permit Number: M-2009-048 <br />CQL0RAD0 <br />D ZVI S I O N of <br />RECLAMATION <br />MINING <br />SAFETY <br />aiveD <br />FEB 27 Zo?9 <br />DIVISION OF RECLAMAT1Q11 <br />MINING AND SAFETY <br />This form has been approved by the Mined Land Reclamation Boakd ("Board'} pursuant to <br />the Mined Land Reclaniation Act (C.R.S § 34-32-101 e. -t. send ("Hard Rock Act") and <br />associated Rules (2 C CR. 407-1) ("Hard Rock Rrdes' j and the Lan#Reclamation Act for the <br />X.R.S.Extraction of Construction Materials § 34-32.5-101 , t esea:) "Cotrstruc1 111Ylates ials <br />Act -'9 and associated Rules (2 C C.R. 4074) ("Construction Materials Rules' j, Any alteration <br />or modification of this form, without approval by the Board shall desalt in the performance <br />warranty being invalid and result in the voiding of arty permit lssuedjln conjunction with such <br />invalid performance warranty and subject the operator to cease acid desist orders and civil <br />penalties for operating without a per init pursuant to sections 34-32123, C. of the Har d <br />Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act. <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R, j. § 34-32-101 et §9q. (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 seg. (the "Construction Materials Act"), as <br />attended (collectively the "Acts"), provide that no permit may be iss�ed until the Mined Lazed <br />Reclamation Board (the "Board") receives a performance warranty copsisting 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, wnuewMer Rulldhg Materia%Carporatlon A Colorado Cwporawb (the "Operator"), has applied for a <br />permit to conduct a ruining operation known as Gunnison River Gravel Pits <br />(the "operation') on certain lands in Mesa bounty, Colorado. These <br />lards are described in the permit application, as amended and supplerdented, 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 />arllos or - <br />DfBee of <br />Mined land Reclamation Denver a Grand Junction - Durango Active and <br />Inactive Mines <br />