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V 11'11 L UL t..VLVi~1`11JL1 <br />~ MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 866.3567 <br />FAx: 303 632-8106 <br />• <br />Operator: <br />• Operati m: <br />~pf Cp~4 <br />~~ ~ <br />Mme:.. r4r.~4 ~~$ <br />.1., I. <br />.~.~Y%. <br />re"l6 ~ <br />aq P"mv. <br />Gonna <br />PERFORMANCE WARRANTY <br />Freo R. Banta. <br />Oivw"n O:rector <br />Sand Creek Farms, Inc. <br />Sand Creek Mine <br />Permit No: M-92-038' <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />• WHEREAS, the Colorado Mined Land Reclamati m Act, CRS as amended, <br />34-32-101 et seq. (the °Act"), as amended, presides that no permit may be <br />issued under die Act until the Mined Land Reclamati m Board (the "Board") <br />receives a perf ormance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />• WHEREAS, Sand Creek Farms, Inc. (the "Operator"), has <br />applied far a perms o con uc a mining opera i m n avn as sand Creek Mine <br />(the "Operati m") on certain lands in Adams <br />aunty, o ores o. ese lands are described in the permit app ices lest, as <br />amended and supplemented, and are referred to herein as the "Affected Lands". <br />• WHEREAS, in its applicati m far the permit, the Operator has agreed <br />to be hound by all requirements of the Act and all applicable rules and <br />regulati m s 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 reclamatirn with regard tD those affected lands <br />• in Adams County which are nor or may bec one subject to the permit <br />are ase amoun 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 reclamatim. <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 c amply with all applicable requirements of the Act with regard to <br />those Affected Lands. <br />NOW, THERffORE, the Operator hereby promises the Board that it will <br />comply with. all applicable requirements of the Act and rules and regulati ms <br />• of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply <br />with all of the terms of the applicati m far a permit, as amended and <br />supplemented, as well as any conditi m s attached to the permit by the Board. <br />• <br />• <br />