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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural. Resources <br />1313 Shermar St. Rcvoir 215 <br />Denver. CO 9203 <br />PERFORMANCE WARRANTY <br />Permittee 'Operator: Colorado Sand Company LLC <br />Operation known as: Keenesburg No. 2 Mine <br />Permit No: M-2019-058 <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 "Affected <br />Lands" are described in the above listed reclamation Permit, and include any Permit Amendment(s) <br />approved by the Division of Reclamation Mining and Safety ("Division"). <br />The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 el seq. ("Hard Rock Act"), and the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 3432.5101 et 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 of the Hard 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 <br />to be bound by all requirements of the Acts and all Mineral Rules and Regulations of the Board for Hard <br />Rock, Metal, and Designated Mining Operations (2 C.C.R. 407-1) and all Mineral Rules and Regulations <br />of the Board for the Extraction of Construction Materials (2 C.C.R. 407-4) (referred to herein together as <br />"Rules"). <br />The Operator hereby provides the Board warranties of performance pursuant to C.R.S. <br />3432117(2), (3), and (4). C.R.S. 3432.51 17(2), (3), and (4), and promises the Board it will comply with all <br />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 Amendment(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 />pF C_ O <br />1313 Sherman St. Room 215 Denver. CO 80203 P 1303) 866-3567 F (303) 832-8106 https://Cotorado.gov/drrns I * n <br />Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director a k, <br />1876 �` <br />