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COLORADO <br /> Division of Reclamation, SCANNED <br /> ® Mining and Safety <br /> Department of Natural Resources RE C c IV rzD <br /> PERFORMANCE WARRANTY L.• <br /> JAN 3 12024 <br /> Permittee/Operator: BURNCO Colorado, LLC DIVISION OF RECLAMATIO__ <br /> Operation known as: Ewing Gravel Pit G AND SAFTEY <br /> MINI: <br /> Permit Number: M-2023-033 <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 <br /> Land 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 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 <br /> seq.("Construction Materials Act"),both require a permit issued by the Board to include a written <br /> promise by the Operator to comply with all requirements of the Hard Rock and Construction <br /> Materials Acts(referred to herein together as"Acts"). <br /> Through the terms and conditions of this performance warranty and Permit,the Operator agrees to be <br /> 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 <br /> Regulations of the Board for the Extraction of Construction Materials(2 C.C.R.407-4)(referred to <br /> herein together as"Rules"). <br /> The Operator hereby provides the Board warranties of performance pursuant to C.R.S. 34-32-117(2), <br /> (3),and(4)/C.R.S. 34-32.5-117(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 /> 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 <br /> maintain a financial warranty(or warranties)in good standing for the reclamation costs for the entire <br />