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e��r� � G��uYb 7� ��� STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Departmem of Natural Resources RECFI\/Fr) PNW. <br /> 1313 Sherman St-Room 215 164 <br /> Denver.Colorado 8OZ03 qFP AUG 2 8 2006 <br /> Phone:(303)866-3367 1*01 <br /> FAX:(303)832-8106 I)Y Division of Reclamation, <br /> Mh DEPAIaTAWT C <br /> State of Colorado I In'1;7TIC5,'3a,eiy <br /> Department of Natural Resources NATUPA' <br /> Division of Reclamation, Mining and Safety PI-SOUPICE <br /> PERFORMANCE WARR-kN7Y Roy Romer <br /> RELEASED ON: Governor <br /> lames S.Lochhead <br /> -2-41-2-0 let Executive Director <br /> Michael S.Long <br /> By'. Divaia+Director <br /> Operator: Eldon & Cornelia Reynolds <br /> Operation: Reynolds Pit <br /> Permit No: M-2006-028 <br /> KNOW ALL MEN BY THESE PRESENTS, THAT: <br /> EMZF-AS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et (the <br /> 'Act"), as amended, and the Colorado Land Reclamation Att for the Extraction of Construction <br /> Materials, C.R.S. 34-32.5-101 et seq. (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 /> FIEREAS, Eldon & Cornelia Revnolds <br /> (the "Operator"), his <br /> applied for a permit to conduct a mining operation known as <br /> —Revnolds Pit (the "Operation") on certain'lands in <br /> Delta County, Colorado. These lands are described in the permit application, <br /> as amended and supplemented, and are referred to herein as the "Affected Lands" <br /> 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 /> NVEEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br /> Of reclamation with regard to those affected lands in Delta —Counry 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 <br /> estimates of said costs of reclamation. <br /> WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to <br /> Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it <br /> will comply with all applicable requirements of the Act with regard to those Affected Lands- <br />