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STATE OF COLORADO DIVISION OF h11NERALS AND GEOLOGY Deparlmenl of Naluml Rewurces 171 S Sherman 51.. Room '_ I i Denver, Coforaclo RU'_D3 Phone: (3071 866-3561 FA%: (3US) 83: 8105 PERFORMANCE WARRANTY Construction Ivlaterial Operation Operator: All Rite Paving and Redi-Mix Operation: North River Pit Permit No: M-49-005 KNOW ALL MEN BY THESE PRESENTS, THAT: D I VISION O F MINERALS GEOLOGY RECLAMATION MI NING•SAFETY BiII O..-ens Governor Greti E. lValcher E~ecuu~e Dneclur h1i<hael B. LnnR Dbivnn Ducclor WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S., 34-32.5-10] et sew. (the "Act"), as amended, provides that no permit may be issued under [he Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, All Rite Paving and Redi-Mix (the "Permittee"), has applied for a permit to conduct a mining operation known as North River Pit (the "Operation") on certain lands in Otero County. Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, [he Permittee has agreed to be bound by all requirements of [he Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that [he estimated costs of reclamation with regard to [hose affected lands in Otero County which are now or may become sub}ect to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Permittee hereby gives the Board a performance watranty pursuant to Section 34-32.5-117 of the Act, and herein promises the Board [hat it will comply with all applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard [o those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of [he Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as wel{ as any conditions attached to the permit by [he Board.