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A7COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> PERFORMANCE WARRANTY <br /> Perinittee/Operator: Martinez Western Constructors Inc/ Paul Martinez <br /> Operation known as: DUCray Pit .� <br /> Permit Number: 201 9-BS O 33' <br /> This form is approved by the Colorado Mined Land Reclamation Board("Board")pursuant to C.R.S. <br /> 34-32-117 of the Colorado Mined Land Reclamation Act and C.R.S. 34-32.5-117 of the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials. <br /> All parties are on Notice from this Document that: <br /> The above listed Operator provides this warranty to the Board in conjunction with a reclamation <br /> Permit to conduct the above described mining operation on certain lands in Colorado.The"A ffected Lands" <br /> are described in the above listed reclamation Permit, and include any Permit Amendment(s) approved by <br /> the Division of Reclamation Mining and Safety ("Division"). <br /> The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. ("Hard Rock Act"), and the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 of seq. <br /> ("Construction Materials Act"), both require a permit issued by the Board to include a written promise by <br /> the Operator to comply with all requirements ofthe Yard Rock and Construction Materials Acts (referred <br /> to herein together as "Acts"). <br /> Through the terms and conditions of this performance warranty and Permit, the Operator agrees to <br /> be bound by all requirements ofthe Acts and all Mineral Rules and Regulations ofthe Board for I lard Rock, <br /> Metal, and Designated Mining Operations (2 C.C.R. 407-1) and all Mineral Rules and Regulations of the <br /> Board for the Extraction of Construction Materials(2 C.C.R.407-4)(referred to herein together as"Rules"). <br /> The Operator hereby provides the Board warranties of' performance pursuant to C.R.S. <br /> 34-32-1 17(2), (3), and (4)/C.R.S. 34-32.5-1 17(2), (3), and (4), and promises the Board it will comply with <br /> all applicable requirements of the Acts and Rules. <br /> The Operator hereby promises the Board it will comply with all of the terms of the reclamation <br /> Permit, including any Permit Amendmcnt(s) approved by the Division. This performance warranty <br /> obligation of the Operator shall continue until the Operator's liability is released by the Board. <br /> The Operator promises to be responsible for reclamation costs up to the amount established by the <br /> Board and incorporates its financial warranty to this performance warranty. The Operator agrees to maintain <br /> a financial warranty (or warranties) in good standing for the reclamation costs for the entire life of the <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us I <br /> John W. Hic ken tooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director <br /> " /.q 7 r, <br />