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<br /> <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />DeparlmeN o(Namral Resour[es <br />1713 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: 13031832-8106 <br />PERFORMANCE WARRANTY <br />Construction Material Operation <br />Operator: Rowe Gravel <br />Operation: Rowe Gravel <br />Permit No: M-99-038 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />DI`/ISION OF <br />MINERALS <br />GEOLOGI <br />RECLAMATION <br />MINING•SA FE TY <br />R~II Owens <br />Governor <br />Greg E watcher <br />Executive Director <br />Michael B. Long <br />Drvrsion D~reclor <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 3432.5-101 gl ~. (the "Act"), <br />as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the <br />"Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable <br />requvements of the Act. <br />WHEREAS, Rowe Gravel (the "Permittee"), bas applied for a permit to conduct a mining <br />operation known as Rowe Gravel (the "Operation") on certain lands in La Plata Cottnty, Colorado. These lands <br />are described in the permit application, as amended and supplemented, and are referted to herein as the <br />"Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in La Plata County which are now or may become subject to the <br />permit are those amounts for the stated periods of time as set forth in the financial wartanty, which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section <br />3432.5-117 of the Act, and herein promises the Board that it will comply with all applicable requirements of the <br />Ac[, and the Rules and Regulations as may be amended, with regard to those Affected Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all <br />applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of the tetras of <br />the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by <br />the Board. <br />FURTHER, the Permittee promises the Board, pursuant to 34-32.5-112(l)(d) of the Act, that it has <br />the lawful autltoriry to enter upon the Affected Lands to conduct mining opera[ions, including, but not limited to, <br />reclamation. The Permittee furdter recognizes the right of the Board to enter to reclaim lands affected by the <br />