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STATE OF COLORADO <br /> DIVISION OF RECLAMATION,MINING AND SAFETY <br /> Department of Natural Resources <br /> 1313 Sherman St.,Room 215 C O L O RA D DIVISION OF <br /> Denver,Colorado 80203 RECLAMATION <br /> Phone:(303)866-3567 MINING <br /> FAX:(303)832-8106 —&— <br /> SAFETY <br /> PERFORMANCE WARRANTY <br /> Operator: C&H Aggregates,LLC <br /> Operation: Pierce Pit <br /> Permit Number: M-1980-121 <br /> This form has been approved by the Mined Land Reclamation Board("Board")pursuant to <br /> the Mined Land Reclamation Act (C.R.S. § 34-32-101 eL seg.) ("Hard Rock Act") and <br /> associated Rules(2 C.C.R. 407-1)("Hard Rock Rules")and the Land Reclamation Act for the <br /> Extraction of Construction Materials(C.R.S. §34-32.5-101 et Sea.) ("Construction Materials <br /> Act")and associated Rules(2 CCR. 407-4)("Construction Materials Rules"). Any alteration <br /> or modification of this form, without approval by the Board shall result in the performance <br /> warranty being invalid and result in the voiding of any permit issued in conjunction with such <br /> invalid performance warranty and subject the operator to cease and desist orders and civil <br /> penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard <br /> Rock Act and 34-3Z 5-123, C.R.S.of Construction Materials Act. <br /> KNOW ALL MEN BY THESE PRESENTS,THAT: <br /> WHEREAS,the Colorado Mined Land Reclamation Act,C.R.S. §34-32-101 et seq. (the <br /> "Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials, C.R.S.§ 34-32.5-101 et M. (the "Construction Materials Act"), as <br /> amended (collectively the"Acts"), provide that no permit may be issued until the Mined Land <br /> Reclamation Board(the "Board")receives a performance warranty consisting of the Operator's <br /> written promise to comply with the requirements of the Hardrock or Construction Materials Act, <br /> whichever is applicable. <br /> WHEREAS, C&H Aggregates,LLC (the "Operator"), has applied for a <br /> permit to conduct a mining operation known as Pierce Pit <br /> (the"Operation") on certain lands in weld County, Colorado. These <br /> lands are described in the permit application,as amended and supplemented,and are referred to <br /> 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 Hardrock or Construction Materials Act and all applicable rules and <br /> regulations of the Board,as amended from time to time. <br /> office of Office of <br /> Mined land Reclamation Denver-Grand Junction-Durango Active and <br /> Inactive Mines <br />