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AVC O L O R A D O R ECEIVE13 <br /> Division of Reclamation, <br /> Mining and Safety FEB U 3 ZUZZ <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 g1VIS1ON OF RECLAMATION, <br /> Denver,CO 80203 M1N1NG&SAFETY-MINERALS <br /> PERFORMANCE WARRANTY <br /> Permittee/Operator: Colorado Water Protective and Development Assoc. <br /> Operation known as: Pueblo West Pit <br /> Permit Number: M-1 977-573 <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 Art for the Extraction of Construction Materials <br /> All parties arc 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 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 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 to <br /> be bound by all requirements of the Acts and all Mineral Rules and Regulations of the Board for Hard 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.4074)(referred to herein together as"Rules"). <br /> The Operator hereby provides the Board warranties of performance pursuant to C.R.S. <br /> 34-32-117(2),(3),and(4)lC.R.S. 34-32.5-117(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 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 /> 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 /> OF.co <br /> 1313 Sherman Street, Room 215,Denver, CO 80203 P 303.866.3567 F 303.832.0106 http://mining.state,co.us <br /> John W.Hickenlooper,Governor ' Robert W. Randall, Executive Director I Virginia Brannon, Director *„ V- ,{ <br /> �fB,r�M1i <br />