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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 PERFORMANCE WARRANTY Permittee: OldcasUe SW Group, Inc. dba United Companies of Mesa County Operation: 15 Road Pit Permit No: M-2002-114 KNOW ALL MEN BY THESE PRESENTS, THAT: DIVISION OF MINERALS GEOLOGY RECLAMATION MINING•SAFETY Bill Owens Governor Greg E. Walther Executive Director Ronald W. Cattany Division Direcor WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 ~ seg. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. (the "Act"), as amended, provides that no permit maybe issued under the 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, Oldcastle SW Group, Inc. dba United Companies of Mesa County (the "Permittee"), has applied for a permit to conduct a mining operation known as 15 Road Pit (the "Operation") on certain lands in Mesa County, Colorado. These lands are described in the permit application, as amended and supplememed, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from tune 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 Mesa County which are now or may become subject 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 Penvittee hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) ofthe Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands.