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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />DIVISION O F <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 1VL 1 N E RA L $ <br />FAX: (303) 832-8706 St <br /> GEOLOGY <br /> <br />PERFORMANCE WARRANTY RECLA~M ATION <br />MINING•SAFETY <br /> Bill Owens <br /> Governor <br />' Greg E. Wa(cfier <br />Permittee: Georgia Rubeck -Walt Rubeck Executive Director <br /> Michael B. Long <br /> Division Director <br />Operation: Topaz Mt. Gem Mine <br />Permit No: M-2002-003 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seg. (the "Act"),.as <br />amended, and the Colorado Land Reclamation Act for the Exirac6on 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 <br />until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) <br />that is a written promise to comply with all applicable requirements of the Act. <br />WHEREAS, Georgia Rubeck -Walt Rubeck (the "Pemuttee"), has applied for a permit to conduct <br />a mining operation known as Topaz Mt. Gem Mine (the "Operation") on certain lands in Park County, <br />Colorado. These lands are described in the permit application, as amended and supplemented, and are <br />referred to herein as the "Affected Lands". <br />WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all <br />requirements of the Act and all applicable rules and regulations of the Board, as amended from time to <br />time. <br />WHEREAS, the Boazd has determined, in accordance with the Act, that the estimated costs of <br />reclamation with regard to those affected lands in Park County which aze now or may become subject to <br />the permit are those amounts for the stated periods of time as set forth in the fmancial warranty, which may <br />be 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 Board that it will <br />comply with all applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all <br />applicable requirements of the Act and rules and regulations of the Boazd with respect to the Affected <br />