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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Deparlmenl of Natural Resources 1373 Sherman St.. Room 215 Denver, Colorado 80:03 Phone. {}031 866-356: FA%: (703) 83?-8106 PERFORMANCE WARRANTY ~~ DIVISION oFl MINERALS GEOLOGY RECLAMATION ~ MINING•SAFETY~ Bill Owens Gorernur GregE Walther E.ecwwe Deeaor Permittee: Randy Perdue n~ichael B. Long Dins~on DueUOr Operation: Perdue Permit No: M-2000-089 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et sec . (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et sec . (the "Act"), as amended, provides that no permit may be 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, Randy Perdue (the "Permittee"), has applied for a permit to conduct a mining operation known as Perdue (the "Operation") on certain lands in Boulder 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 Permittee 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 Boulder 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 maybe amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32-I 17(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands.