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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832106 <br />PERFORMANCE WARRANTY <br />Permittee: Silt Sand & Gravel, LLC <br />Operation: Grand River Pazk Project <br />Permit No: M-2006-046 <br />COLORADO <br />OIVI SION OF <br />RECLAMATION <br />M[NING <br />- &- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Litany <br />Division Director <br />Natural Resource Trustee <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.1ZS., <br />ojthe Mined Land Reclamation Act and 34-32.5-117, C.R.S., ojthe Colorado Land Reclamation Act for the <br />Extraction of Construction Materials. Any alteration or modification of this form, without approval by the <br />Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in <br />conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land <br />Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials . <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.5. 34-32-101 et ~. (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 seg. (the "Act"), as amended, provides that no pernlit may be issued under the Act until the <br />Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written <br />promise to comply with all applicable requirements of the Act. <br />WHEREAS, Silt Sand & Gravel, LLC (the "Pennittee"), has applied for a permit to conduct a mining <br />operation known as Grand River Park Project (the "Operation") on certain lands in Garfield County, Colorado. <br />These lands are described in the permit application, as amended and supplemented, and aze referred to herein as <br />the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Board, 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 Garfield County which are now or may become subject to the <br />permit are 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 />