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<br /> <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmem of Natural Resources <br />1313 Sherman Sr, Room 21 S <br />Denver, Colorado 8020) <br />Phone: (3071 ft66-3567 <br />FAX 1303) 832-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> PERFORMANCE WARRANTY RE$OURCE$ <br /> Ruy Romer <br /> Governor <br />Operator: Sutherland Bros. Inc. w~,e:s.lanhea~ <br /> Execmwe Duran <br />Operation: Weimer ~,0. 2 Micharl El Long <br /> Drvis%on Direnm <br />Permit No: M-96-031 <br />KNOW ALL MEN BY THESE PRESENTS, THAT: <br />WHEREAS, the Colorado Mined Land Reclamation Acs, <br />C.R.S. 34-32-1C1 et seg. (the "Act"), as amended, provides that no permi= may <br />be issued under the Act until the Mined Land Reclamation 3oard (the "Board") <br />receives a performance warranty (or warranties) that is a written promise to <br />comply with all applicable requirements of the Act. <br />WHEREAS, Sutherland Bros. Inc. (the "Operator"), has applied for a <br />permit to conduct a mining operation known as Weimer No. 2 (the "Operation"> <br />on certain lands in Montrose County, Colorado. These lands are described in <br />the permit application, as amended and supplemented, and are referred to <br />herein as the "Affected Lands." <br />WHEREAS, in its application for the permit, the Operator has agreed <br />to be bound by all requirements of the Act and all applicable rules and <br />regulations of the Board, as amended from time to time. <br />WHEREAS, the Board has determined, in accordance with the Act, that <br />the estimated costs of reclamation with regard to those affected lands in <br />Montrose County which are now or may become subject to the permit are those <br />amounts for the stated periods of time as set forth in the financial warranty, <br />which may be amended from time to time to reflect revised estimates of said <br />costs of reclamation. <br />WHEREAS, the Operator hereby gives the Board a performance warranty <br />pursuant to Section 34-32-117(2) of the Act, and herein promises the 13oard <br />that it will comply with all applicable requirements of the Act with regard to <br />those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will <br />comply with all applicable requirements of the Act and rules and regulations <br />of the Board with respect to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply <br />with all of the terms of the application for a permit, as amended and <br />supplemented, as well as any conditions attached to the permit by the Board. <br />