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<br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866-3!i67 <br />Fax: 303 832-6106 <br />pF CG~O <br />ti6~y/~y~,~4-t' <br />%F f\!( ~~ <br />•,~~.!/i <br />Rpy Romrt. <br />Governor <br />-25- <br />STATE F COLORADO <br />PERFORMANCE WARRANTY <br />Operator: <br />Operation <br />Permit No: <br />KIOWA COUNTY <br />BARNETT PIT <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />Fred R, Banta. <br />Drviaion Oueuor <br />IJHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, <br />34-32-101 et ~s~egg. (the "Act"), as amended, provides that no permit may be <br />issued under ld-ie Act until the Mined Land Reclamation Board (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />IJHEREAS, Kiowa count (the "Operator"), has <br />applied fora perms o con uc a mining opera on nown as Barnett P c <br />(the "Operation") on certain lands in Kiowa <br />oun y, o ora o, ese lands are described in the permit app 3ca Son, as <br />amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements of the Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands <br />in xiow,i County which are now or may become subject to the permit <br />are~F'it ose amoun s or the stated periods of time as set forth in the financial <br />warranty, which may be amended from time to time to reflect revised estimates <br />of said costs of reclamation, <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the Board <br />that it will comply with all applicable requirements of the Act with regard to <br />those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act and rotes and regulations <br />of the Board with respect to the Affected Lands, <br />FURTHER, the Operator hereby pranises the Board that it will comply <br />with ali of the terms of the application fora permit, as amended and <br />supplemented, as well as any conditions attached to the permit by the Board, <br />