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STATE OF COLORADO DIVISION OF RKLAMA710N, MINING AND SAFETY`,. Oepamnent of Natural Resources R ^~ + I3t35herman k., Roan Z[5 Kt- EIVED C O L O R A D O Denver, Colorado 60203 ~JUL 3 0 Phase: (303) 8663567 Zpp~ ,~ RECt.AMATION FA%: t3o3) 932-8106 MINING Divison of ReGamation - &- , IiAituttg andSatety SAFETY PERFORMANCE WARRANTY L~ am o~. co"rmw 2~ q~in CGMv Eater ( ' R«,aia w. c.,tu"Y ~' owision l7ireetu Operator. Delta County NaMal Reuara TruRee Op~gtion; Whiting Pit Permit No: M-2007-025 .~ Tbls form leas been approved by the Mined Laved Reclalwatlow Board pursuant to sections 34-32-117, C.R.S., ojtbe Mined Laid RedarwaHow Act and 34-32.117, GR.S, ojNie Colorado Laved Reclarwadow Ad jor the Exlrwctlow ojCowstrxctlow Materlals. Awy alteroHow or wwdlJkatfow ojtkls forwr, wltboxt approval by the Board shall result i» the Jlwandal warranty belwg lxvalld and result iw tl+e voiding ojawy perwrh issued !w cowJxwctiow with such lwvalidJlwawcla! warranty and subJed tike operatorto ceaseand desistorders and civil pewalffes jor operatlwg without a per-wit pursuant to sediows 34-32-123, C.R.S., of the Mlwed Laved Reclawratiow Act and 34-32.5-123, C.RS, ojtbe Colorado Laved Redarwatlow Ad jor lice F,artnadlow of Cowstructtow Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sue. (the "Act's, as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 3432.5-101 M ~. (the "Act's, as amended, provides that no pem3it may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warrartties) that is a written promise to comply with all app&cable requirements of the Act. WHEREAS, Delta County (the"Operator"), has appliedforapermitto conduct a mining operation known as whiting Pit (the "Operation") on certain lands in Delta 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, the Operator has agreed to be bound by all requirements of the 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 the estimated costs of reclamation with regard to those affected lands in Delta Countywhicharerowormaybeoonle subject to the permit are those amounts for the stated periods of time as set forth in the financial wararrty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of ~~~ ~f