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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />PERFORMANCE WARRANTY <br />Permittee: Westem Equipment & Truck Inc. <br />Operation: Two Rivers Rock <br />Permit No: M-2002-052 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SA FETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald lN. Cattany <br />Acting Dieision Director <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (the "Act"), as <br />amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />C.R.S. 34-32.5-101 et sec . (the "Act"), as amended, provides that no permit may be issued under the Act until <br />the Mined Land Reclamation Board (the "Boazd") receives a performance warranty (or warranties) [hat is a <br />written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Westem Equipment & Tmck Inc. (the "Permittee'"), has applied for a pemut to conduct <br />a mining operation known as Two Rivers Rock (the "Operation") on certain lands in Weld County, Colorado. <br />These lands are described in the pemut application, as amended and supplemented, and are referred to herein <br />as the "Affected Lands". <br />WHEREAS, in its application for [he permit, the Permittee has agreed to be bound by all requirements <br />of the Act and all applicable rules and regulations of [he Boazd, as amended from time to time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Weld County which are now or may become subject to the <br />pem3it 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 Permittee hereby gives the Boazd 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 regazd to those Affected Lands. <br />