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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources - <br />1313Sherman 8t., Room 21 S <br />Denver, Colorado 80203 D I V I S I O N O F <br />Phone: (303) 866-3567 Ivl j [~l E RA L $ <br />FAX: (303) 832-8106 & <br />PERFORMANCE WARRANTY G E O L O G Y <br />RECLAMATION <br />MINING•SAEETY <br /> Bill Owens <br />Permittee: The Fort Lyon Canal Company c°~er"°` <br /> Greg E. Walther <br /> Executive Director <br />Operation: Fort Lyon -State Pit No. 1 Michael 8. Long <br /> Division Director <br />Pertnit No: M-2001-097 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et se . (the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-I01 et seg. (the "Act"}, as amended, provides that no permit may be issued under [he Act until <br />the Mined Land Reclamation Board (the "Board") receives a performance warranty {or warranties) that is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, The Fort Lyon Canal Company {the "Permittee"), has applied for a permit to conduct a <br />mining operation known as Fort Lyon -State Pit No. I (the "Operation") on certain lands in Bent County, <br />Colorado. These lands are described in the permit application, as amended and supplemented, and aze referred <br />to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements <br />of the Act and all applicable roles and regulations of the Boazd, 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 Bent County which aze now or may become subject to the <br />permit aze those amounts for the stated periods of time as set forth in the financial warranty, which may be <br />amended from time to time to reflect revised estimates of said costs of reclamation. <br />WHEREAS, the Pemuttee hereby gives [he Board a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Boazd that it will comply <br />with all applicable requirements of the Act with regard to those.Affected Lands. <br />