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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman Si., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAX: (303) 832-8106 <br />PERFORMANCE WARRANTY <br />Permittee: John M. Everitt <br />Operation: Everitt Pit <br />Permit No: M-2004-037 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />0.EC ~ANATION•NINING <br />SAPETY•ECIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Nazural Resource Trustee <br />WHEREAS, the Colorado Mined Land Reclamaton Act, C.R.S. 34-32-101 et seg. (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 permit may be issued under the Act unfit 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, John M. Everitt (the "Pemrittee"), has applied for a pemut to conduct a mining operation <br />known as Everitt Pit (the "Operation") on certain lands in Phillips County, Colorado. These lands aze described in <br />the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Pennittee has agreed to be bound by all requirements of <br />the Act and all applicable rules and regulations of the Boazd, 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 Phillips 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 />WHEREAS, the Permittee hereby gives the Board 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 regard to those Affected Lands. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />