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~. <br />~_ <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />17 ~ 7 Sherman St.. Room 215 <br />Denver, Colora~c J0203 <br />Phone: 13071 866.3567 <br />FAX: (303) 832-8106 <br />PERFORMANCE WARRANTY <br />~~ <br />DEPARTMENT C <br />NATURA' <br />RESOURCE <br />Roy Rome <br />Ga~ernor <br />dames S. Lochhead <br />E=ecmive O~reaor <br />ruchael 8. Lang <br />f~ /~ Diniwn Director <br />Operator: ~YPI ( (-,F12TL~k <br />Operation: (-~A(A~jrl~~ <br />Permit No: <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the <br />"Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, C.R.S. 34-32.5-101 et sey. (the "Act"), as amended, provides that no permit may be <br />issued under the Act until the Mined Land Reclamation Board (the "Boazd") receives a performance <br />warranty {or warranties) that is a written promise to comply with all applicable requirements of the <br />Act. ` <br />WHEREAS, ~I,CW~ -~PrLri.tx (the "Operator"), has <br />applied for a pe ~t to conduct a mining operation lrnown as <br />~dl~ aPOLIQ~. (the "Operation") on certain lands in <br />~y County, Colorado. These lands are described in the permit application, <br />as amended and supplemented, and are referred to 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 Act and all applicable rules and regulations of the Board, as amended from time <br />to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs <br />of reclamation with regard to those affected lands in ~I,U,S~f Y' County which are <br />now or may become subject to the permit are those amounts for the stated periods of time as set <br />forth in the financial warranty, which may be amended from time to time to reflect revised <br />estimates of said costs of reclamation. <br />WHEREAS, the Operator hereby gives the 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 Board that it <br />will comply with all applicable requirements of the Act with regard to those Affected Lands. <br />