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• <br /> STATE OF COLOFADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St.,Room 215 <br /> 40 <br /> Denver,Colorado 80203 OCT ' I997 <br /> Phone:(303)866-3567 2 <br /> FAX:(303)832-8106 <br /> State of Colorado DEPARTMENT Of <br /> Department of Natural Resources 1)ivtsi!:I'"` ' '''t''"" t.R NATURAL <br /> Division of Reclamation, Mining and Safety RESOURCES <br /> 4,U/Ktz )944110A-it rPERFORMANCE WARRANTY <br /> RELEASED O Roy Romer <br /> L} �l-01014' Pt Governor <br /> James S.Lochhead <br /> + Executive Director <br /> By: 4 Michael B.Long <br /> WILLIAM S. CALDWELL and BEVERLY H. CALDWELL Division Director <br /> Operator: ALBERT F. NESSELHUF, JR. and LOLA E. NESSELHUF <br /> Operation: CALDWELL - NESSELHUF PIT NO. 1 <br /> Permit No: h-9 1-01 I <br /> KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the <br /> "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br /> Materials, C.R.S. 34-32.5-101 et seg. (the "Act"), as amended, provides that no permit may be <br /> issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance <br /> warranty (or warranties) that is a written promise to comply with all applicable requirements of the <br /> Act. <br /> WHEREAS, WILLIAM S. CALDWELL, et al. , (the "Operator"), has <br /> applied for a permit to conduct a mining operation known as Caldwell - Nesseihuf Pit <br /> No. 1 (the "Operation") on certain lands in _ <br /> Crowley County, Colorado. These lands are described in the permit application, as <br /> amended and supplemented, and are referred to 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 Act and all applicable rules and regulations of the Board, as amended from time <br /> to time. <br /> WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br /> of reclamation with regard to those affected lands in Crowley County which are <br /> now or may become subject to the permit are those amounts for the stated periods of time as set <br /> forth in the financial warranty, which may be amended from time to time to reflect revised estimates <br /> of said costs of reclamation. <br /> WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section <br /> 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will <br /> comply with all applicable requirements of the Act with regard to those Affected Lands. <br />